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?
31-35, F
Top | Newest First | Oldest First
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
"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
View 1 more replies »
Prttylttlthng · 46-50, 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.
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.
This comment is hidden.
Show Comment
Iamnotacat · 31-35, 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.
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
MarmeeMarch · M
There are wiretapping laws
LeopoldBloom · M
Not in California.
St0ut · 51-55, M
Yes