Is it consent from one of the parties? Or is it that you can record as long as the other party has been advised of the recording? Semantics. I know. But what is the law if not simantics?
Originally Posted by eccieuser9500
Glad you asked, maybe LL and Dorothy can learn something. This all pertains to audio recording btw.
http://www.dmlp.org/legal-guide/reco...-conversations
Who must give permission to record a telephone or in-person conversation?
Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See
18 U.S.C. 2511(2)(d). This is called a "one-party consent" law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation. Furthermore, if you are not a party to the conversation, a "one-party consent" law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded.
In addition to federal law, thirty-eight states and the District of Columbia have adopted "one-party consent" laws ** and permit individuals to record phone calls and conversations to which they are a party or when one party to the communication consents. See the
State Law: Recording section of this legal guide for information on state wiretapping laws.
** Texas is of the 38 that are
one-party consent States.
Below is what seems to be tripping up LL and Dorothy. They seem to be having trouble differentiating between two people engaged in conversation and one party recording it and a third party secretly recording two other people's conversation in which the third party is not a part of
Can you record a phone call or conversation when you do not have consent from one of the parties?
Regardless of whether state or federal law governs the situation, it is almost always illegal to record a phone call or private conversation to which you are not a party, do not have consent from at least one party, and could not naturally overhear. In addition, federal and many state laws do not permit you to surreptitiously place a bug or recording device on a person or telephone, in a home, office or restaurant to secretly record a conversation between two people who have not consented.