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Q: different states' phone recording laws ( Answered 4 out of 5 stars,   2 Comments )
Question  
Subject: different states' phone recording laws
Category: Relationships and Society > Law
Asked by: suzili-ga
List Price: $15.50
Posted: 22 Jun 2005 06:14 PDT
Expires: 22 Jul 2005 06:14 PDT
Question ID: 535840
In which states is recording intrastate wire phone calls illegal? (ie,
when only one party is aware of the recording)
Answer  
Subject: Re: different states' phone recording laws
Answered By: tutuzdad-ga on 22 Jun 2005 06:37 PDT
Rated:4 out of 5 stars
 
Dear suzili-ga;

Thank you for allowing me to answer your interesting question. 

There are two types of states where wire recording is concerned:

A ONE PARTY STATE means one party to the telephone conversation has to
have knowledge and give consent before the recording can legally
occur.

In a TWO PARTY STATE, all parties must have knowledge and give consent
before the recording can legally occur.

?Of the 50 states, 38, as well as the District of Columbia, allow you
to record a conversation to which you are a party without informing
the other parties you are doing so. Federal wiretap statutes also
permit one-party-consent recording of telephone conversations in most
circumstances.  Twelve states forbid the recording of private
conversations without the consent of all parties. Those states are
California, Connecticut, Florida, Illinois, Maryland, Massachusetts,
Michigan, Montana, Nevada, New Hampshire, Pennsylvania and
Washington.?
HANDBOOK: SURREPTITIOUS RECORDING
http://www.rcfp.org/handbook/c03p01.html


The origin of the call (intrastate, interstate, international, etc) is
irrelevant. The STATE laws where the recording is taking place largely
determine the legality of the matter. So, as you can see, the
recording of a wire conversation is legal in EVERY state provided the
proper notifications are met.

Having said that, here is the list of states and the type of state
they are with regard to recording wire conversations - in other words,
which states allow someone to secretly record a conversation without
the other person's knowledge or consent, and which states allow
conversations to be recorded so long as the non-recording party is
notified and gives his or her permission to be recorded:

Alabama: One Party
Alaska: One party 
Arizona: One Party 
Arkansas: One Party 
California: Two Party 
Colorado: One party 
Connecticut: Two Party 
Delaware: Two Party 
District Of Columbia :One Party
Florida: Two Party 
Georgia: One Party 
Hawaii :One Party 
Idaho: One Party 
Illinois: Two Party 
Indiana One Party 
Iowa One Party 
Kansas: One Party 
Kentucky One party 
Louisiana One Party 
Maine: One Party 
Massachusetts Two Party 
Maryland Two Party 
Michigan Two party 
Minnesota One Party 
Mississippi One Party 
Missouri: One Party
Minnesota: One Party 
Montana: Two-party 
Nebraska: One Party 
Nevada: One Party 
New Hampshire Two Party 
New Jersey: One Party 
New Mexico: One Party 
New York: One Party 
North Carolina: One Party 
North Dakota One Party 
Oklahoma: One Party 
Oregon One Party 
Ohio One Party 
Pennsylvania Two Party 
Rhode Island: One Party 
South Carolina One Party 
South Dakota: One Party 
Tennessee One Party 
Texas One Party 
Utah One Party 
Vermont One Party 
Virginia One Party 
West Virginia: One Party 
Washington Two Party 
Wisconsin One Party 
Wyoming: One party

I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



INFORMATION SOURCES

PARENTS KORNER
http://www.parentskorner.com/taping.htm

ONE PARTY/TWO PARTY TELEPHONE TAPE RECORDING LAWS
http://www.pimall.com/nais/n.tel.tape.law.html



SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com


SEARCH TERMS USED:

RECORDING

LAW

ONE PARTY

TWO PARTY

SURREPTITIOUS
suzili-ga rated this answer:4 out of 5 stars
Would want to know about interstate calls; which state's law prevails
when two parties to a conversation are from states whose laws
conflict?

Comments  
Subject: I am confused...
From: misschievous2-ga on 26 Jun 2005 14:41 PDT
 
Your answer seems to be conflicting when it comes to Nevada.  At first
you mention that Nevada is one of welve states that forbid the
recording of private
conversations without the consent of all parties.  Then, further down,
you state is is a State of one-party consent.

So which is it?  As I am interested in finding the law for this
particular state, I am highhly anxious to find the answer...
Subject: Re: different states' phone recording laws
From: misschievous2-ga on 26 Jun 2005 14:45 PDT
 
Researched it myself.  Here is the answer: Nevada is in fact a one party State.

There are twelve states that require all party consent. They are:


California
Connecticut
Delaware
Florida
Illinois
Maryland
Massachusetts 
Michigan
Montana
New Hampshire
Pennsylvania
Washington 


 

There are 38 states that permit one party consent. They are:


Alaska 
Arkansas
Colorado
District of Columbia 
Georgia
Hawaii 
Idaho 
Indiana 
Iowa 
Kansas 
Kentucky 
Louisiana
Maine
Minnesota
Mississippi 
Missouri 
Nebraska
Nevada 
New Jersey
New Mexico 
New York 
North Carolina 
North Dakota 
Ohio 
Oklahoma
Oregon 
Rhode Island 
South Carolina 
South Dakota 
Tennessee
Texas
Utah
Vermont
Virginia 
West Virginia 
Wisconsin
Wyoming

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