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Q: Phone conversations ( Answered 5 out of 5 stars,   0 Comments )
Subject: Phone conversations
Category: Business and Money > eCommerce
Asked by: smack-ga
List Price: $10.00
Posted: 15 Jul 2004 15:36 PDT
Expires: 14 Aug 2004 15:36 PDT
Question ID: 374678
Can a   individual person record a conversation with out your
permission during a business or personal matter un govermental in
every aspect.
Thanks --Smack
Subject: Re: Phone conversations
Answered By: mother911-ga on 15 Jul 2004 16:38 PDT
Rated:5 out of 5 stars
Hi smack-ga,

Luckily I was able to immediately find a simple answer to your question.

The Reporters Committee For Freedom of The Press has laid out clearly
the legality of taping conversations based on their need for such

"Federal law allows recording of phone calls and other electronic
communications with the consent of at least one party to the call."
The Reporters Committee For Freedom of The Press

The federal government allows recording of conversation as long as one
person who is a participant in that conversation is aware of the fact
that they are being recorded. This would include a phone call which
crosses state lines, regardless of the local state laws.

The individual states in America have decided to regulate phone
conversation recordings on their own, and have split the decision.

There are currently 38 states and the District of Columbia will allow
one-party recorded conversations.

"Thirty-eight states and the District of Columbia permit individuals
to record conversations to which they are a party without informing
the other parties that they are doing so. These laws are referred to
as "one-party consent" statutes, and as long as you are a party to the
conversation, it is legal for you to record it. (Nevada also has a
one-party consent statute, but the state Supreme Court has interpreted
it as an all-party rule.)"
The Reporters Committee For Freedom of The Press

There are 12 states which require all parties to be aware of the fact
that they are being recorded.

"Twelve states require, under most circumstances, the consent of all
parties to a conversation. Those jurisdictions are California,
Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan,
Montana, Nevada, New Hampshire, Pennsylvania and Washington. Be aware
that you will sometimes hear these referred to inaccurately as
"two-party consent" laws. If there are more than two people involved
in the conversation, all must consent to the taping."
The Reporters Committee For Freedom of The Press
Google search terms used: phone call recording law

The ACLU archive shows the exact same information as the information
I?ve already given you. It also adds some minor state-by-state laws
which deal with specifics for just that state for the twelve states
which have an "all party" law for phone call recordings.

The twelve states:
California, Connecticut, Delaware, Florida, Illinois, Maryland,
Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, and
The ACLU online archives.
Google search terms used: State Telephone Recording Statutes

Please feel free to request clarification before rating this question.

smack-ga rated this answer:5 out of 5 stars and gave an additional tip of: $5.00

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