Hello bandemerb:
Thanks for the interesting question.
There are both federal and state laws regarding the taping of any type
of conversations (including phone conversations) between two or more
people. Whether the conversations occur at home or anywhere else is
not important - the laws are the same.
Federal law allows for taping of a conversation as long as at least
one party taking part in the conversation gives consent. The other
parties do not need to give consent or even know that taping is
occuring. This type of law is sometime referred to as a "one party
consent" law.
Source:
http://www.rcfp.org/taping/intro.html
However, twelve states - INCLUDING ILLINOIS - have more stringent laws
regarding the taping of conversations. They require that *all* parties
to a conversation give consent to taping. So, if you have five people
in one the conversation, you need all five consents. This is sometimes
referred to "all party consent".
"720 Ill. Compiled Stat. Ann. 5/14-1, -2 (and as modified by Public
Act 91-657, 1999 ILL. ALS 657): An eavesdropping device cannot be used
to record or overhear a conversation without the consent of all
parties to the conversation under criminal statutes. An eavesdropping
device is anything used to hear or record a conversation, whether the
conversation is in person or conducted by any means other than
face-to-face conversation, such as a telephone conversation."
Source: http://www.rcfp.org/taping/states/illinois.html
There are also other Illinois privacy issues covered at the above URL.
Other sites that back up this information include:
Covertly Recording Telephone Conversations
http://www.pimall.com/nais/n.recordlaw.html
Hidden Cameras - Hidden Microphones
http://www.rtnda.org/resources/hiddencamera/illinois.html
I hope that this information has been of help to you.
If you need any clarification of the information I have provided,
please ask using the Clarification feature and provide me with
additional details as to what you are looking for. As well, please
allow me to provide you with clarification(s) *before* you rate this
answer.
Thank you.
websearcher-ga
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