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Can you record someone without their consent?

The law is you can record someone with outtheir consent as long as one party knows. Are you that one party or does it mean you and someone else knows?
4meAndyou · F
That law only applies in 38 states.

"Eleven states require the consent of every party to a phone call or conversation in order to make the recording lawful. These "two-party consent" laws have been adopted in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington. (Notes: (1) Illinois' two-party consent statute was held unconstitutional in 2014; (2) Hawai'i is in general a one-party state, but requires two-party consent if the recording device is installed in a private place; (3) Massachusetts bans "secret" recordings rather than requiring explicit consent from all parties.). Although they are referred to as "two-party consent" laws, consent must be obtained from every party to a phone call or conversation if it involves more than two people. In some of these states, it might be enough if all parties to the call or conversation know that you are recording and proceed with the communication anyway, even if they do not voice explicit consent. See the State Law: Recording section of this legal guide for information on specific states' wiretapping laws."

http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations
4meAndyou · F
@Deadcutie It is not legal in court. If you know you are recording someone in a state where it is illegal, and the other party does not, the only way that will be revealed is if you try to use the recording in court.
Deadcutie · 18-21, F
@4meAndyou so what I mean is you can record anyone at anytime without their concent, it’s nothing you can go to jail over, you just can’t use it against them in court correct?
4meAndyou · F
@Deadcutie That's correct. However, be aware that if the secret recording is discovered to exist by the other party, they can bring charges against you. The nature of such recordings is their secrecy.
Deadcutie · 18-21, F
The only part I know for sure is you can record anyone that is in a public place..
Prttylttlthng · 41-45, F
Depends on the state. In some states if you are that one party and you are on the recorded call, then yes, you are the consenting party.

If you are tapping a call and are not one of the parties speaking, and the others do not give consent, then that is illegal.

Some states require both party consents.
Keepitsimple · 51-55, F
In New Jersey you can get a restraining order on them. My sister did it with her ex husband.
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Iamnotacat · 26-30, F
@waleskinder the law in my state says I can record as long as one of the party involved knows. Or it's something that can be easily over heard in a public settting. So is the other party me or someone else.
LookingForIt987 · 51-55, M
@Iamnotacat I'll preface this by saying I'm not a lawyer, so take this for whatever it's worth in that context.

To my understanding, as long as you are actually part of the conversation then use, you count as "one part" for this purpose.

Similarly, if you've hidden a recording device somewhere and you have a friend who will be part of the conversation, as long as that friend knows then you've got "single party consent" in this context.
SW-User
Not and use it in court... unless it’s the law doing it or having it done.
SeductiveCactus · 26-30, F
Only in public for where I live
There are wiretapping laws
Not in California.
St0ut · 51-55, M

 
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