Recording Phone Calls

Telephone recording laws are laws that govern the civilian recording of telephone conversations by the participants (as opposed to laws controlling government or law enforcement wiretapping).


UNITED STATES

Legal issues regarding the recording of phone calls must be considered before embarking on voice logging. This varies on a state-by-state basis. Some states and countries require "one-party notification" in which only one of the two individuals needs to be made aware that the call is being recorded.

In the United States, federal agencies may be authorized to engage in wiretaps by the United States Foreign Intelligence Surveillance Court, a court with secret proceedings, in certain circumstances.

One party notification states

Some U.S. States, the District of Columbia, the US Federal law, Canada, and England only require one-party notification. (Note that there is some disagreement over the determination of the requirements for a few states.)

The other scenario requires that both parties be made aware that the call is being recorded; these are called "two-party notification" states. (Depending on the source, ten to thirteen U.S. states fit this category.) This can be accomplished by playing a preamble recording on every call or inserting a periodic beep tone.

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Legal Considerations for Recording Phone Calls

Two party notification states

Twelve states currently require that BOTH or ALL parties to be notified of the recording. These states are:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• Nevada
• New Hampshire
• Pennsylvania

CANADA

Canadian law requires that at least one party in the phone call be aware of the recording. However, the Communications Security Establishment can be allowed to wiretap any conversation approved by the Defence Minister.


INDIA

In India, telephone tapping has to be approved by a designated authority. It is illegal otherwise.


UNITED KINGDOM

The Regulation of Investigatory Powers Act 2000 in general prohibits interception of communications by a third party, with exceptions related to government agencies. A recording made by one party to a phone call or e-mail without notifying the other is not prohibited provided that the recording is for their own use; recording without notification is prohibited where some of the contents of the communication -- a phone conversation or an e-mail -- are made available to a third party.


GERMANY

In the meaning above, Germany is a two party consent state. Telephone recording without two or more parties consents is a criminal act according to Sec. 201 to German Criminal Code -- violation of the confidentiality of the spoken word. Telephone tapping by authorities has to be approved by a judge.

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President Richard M. Nixon's illegal taping of private conversations figured prominently in the Watergate scandal of the early 1970s, although in fact, presidents have been recording conversations for as long as such technology has been available. In the Clinton-Lewinsky scandal, involving President William J. Clinton's sexual relationship with White House intern Monica Lewinsky and his attempts to cover it up, key evidence came from conversations between Lewinsky and her friend Linda Tripp -- conversations Tripp recorded without telling Lewinsky. Such was the depth of Americans' resentment toward the threat of privacy invasion (combined with popular liking for the affable Clinton) that Tripp become the focus of far greater condemnation than did the President.

In 1997, secretly made tapes of Texaco executives furnished proof of racial discrimination, and led the company to settle a $176 million lawsuit.

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Citizen Media Law Project (www.citmedialaw.org)

TABLE OF CONTENTS

• Forming a Business and Getting Online
• Dealing with Legal Threats and Risks
• Newsgathering and Privacy
• Entering the Property of Others
• Gathering Private Information
• Recording Phone Calls, Conversations, Meetings and Hearings
• Recording Phone Calls and Conversations
• Recording Public Meetings and Court Hearings
• Practical Tips for Recording Phone Calls, Conversations, Meetings, and Hearings
• State Law: Recording

Recording Phone Calls and Conversations

If you plan to record telephone calls or in-person conversations (including by recording video that captures sound), you should be aware that there are federal and state wiretapping laws that may limit your ability to do so. These laws not only expose you to the risk of criminal prosecution, but also potentially give an injured party a civil claim for money damages against you.

More info:

Recording Phone Calls and Conversations (www.citmedialaw.org)

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See also:

Taping phone calls - WORLD Law Direct

[weltwireless]

At welt wireless, you will find Telephone and cell phone recording information, legal cases, and interface circuits for surreptitious (hidden) recording.

• Recording the Police
• Recording in the Workplace
• Telephone Interface Circuits for recording or wiretapping
• FCC rules regarding recording of telephone conversations
• BARTNICKI v. VOPPER (Supreme Court Ruling, 2001)
  
• Etc.
  

Welt Wireless, Inc.
http://mysite.verizon.net/weltwireless/

Easiest and quickest way to record any phone call is through CallTrunk (http://www.calltrunk.com). Cloud-based, keeps the call saved and available forever, free for the first 25 minutes. Contact me at ted@calltrunk.com for more information.

Can I record my teacher at school without him knowing?