Legality of recording someone

[Locut0s]

So it's illegal to record someone's conversation over the phone without their knowledge right? What else is and is not legal? I'm assuming it is legal so long as they let you know, call centres record you all the time after all. What about video tape? Filming in public is legal but what about what you unintentionally capture. For example you are filming a family party and you accidentally overhear a murder being planned at the next table over. What about journalists who wear hidden cameras or tape recorders to uncover crimes or shady business practices. What strictly defines a journalist in these cases making it legal?

 

[HAL9000]

It's legal as long as you tell them you're doing it.

 

[Locut0s]

It's legal as long as you tell them you're doing it.

There are cases though where it's legal even if you don't tell them. For example journalists do this all the time when they go undercover.

 

[HAL9000]

There are cases though where it's legal even if you don't tell them. For example journalists do this all the time when they go undercover.

A good point, I'm not entirely sure then. I had just heard it was only if they are informed.

 

[nageov3t]

There are cases though where it's legal even if you don't tell them. For example journalists do this all the time when they go undercover.

it varies from state to state. most states have laws where recording a private conversation is legal as long as one of the parties is aware.

eg: you recording your own telephone conversations with someone else? legal

you bugging someone's phone and recording their conversations with other people? illegal

 

[Locut0s]

it varies from state to state. most states have laws where recording a private conversation is legal as long as one of the parties is aware.

eg: you recording your own telephone conversations with someone else? legal

you bugging someone's phone and recording their conversations with other people? illegal

What's the legality of incriminating info obtained this way. Say a friend confesses to a murder over the phone with you. Unbeknownst to him you record all your conversations.

 

[nageov3t]

What's the legality of incriminating info obtained this way. Say a friend confesses to a murder over the phone with you. Unbeknownst to him you record all your conversations.

assuming your friend isn't your lawyer, doctor, or spouse, I see no reason why it wouldn't be admissible as evidence

http://legallad.quickanddirtytips.com/the-legality-of-recording-conversations.aspx

 

[Nintendesert]

It depends on the state. Two party or one party consent to recording. California both parties have to consent to it. If not, felony. Why you'd even entertain Necktard on this, I'm not sure. He's a complete idiot and completely ignorant of the US and how its States operate.

 

[OUCaptain]

it varies from state to state. most states have laws where recording a private conversation is legal as long as one of the parties is aware.

eg: you recording your own telephone conversations with someone else? legal

you bugging someone's phone and recording their conversations with other people? illegal

Seconded. The phone systems my company installs has a record button right each phone just for this purpose.

Here you go

 

[TridenT]

So it's illegal to record someone's conversation over the phone without their knowledge right? What else is and is not legal? I'm assuming it is legal so long as they let you know, call centres record you all the time after all. What about video tape? Filming in public is legal but what about what you unintentionally capture. For example you are filming a family party and you accidentally overhear a murder being planned at the next table over. What about journalists who wear hidden cameras or tape recorders to uncover crimes or shady business practices. What strictly defines a journalist in these cases making it legal?

Bolded is probably legal. Journalists who do that are doing legal practice. The reason they don't show the camera is so that the company doesn't shove them out for recording shit. They don't want anything to make them look bad if they have knowledge.

Wiretapping someone's phone without them knowing or the other party knowing is bad. You can do it to your own phone though, as long as one party on the phone knows... (You)

 

[a123456]

it varies from state to state. most states have laws where recording a private conversation is legal as long as one of the parties is aware.

eg: you recording your own telephone conversations with someone else? legal

you bugging someone's phone and recording their conversations with other people? illegal

Basically, this is true. In the 12 states, both parties need to consent. In the other 38, only 1 party (you) needs to consent.

It can still be defeated, though, because there's so much personal judgment behind what is considered "reasonable expectation of privacy." So undercover reporters may not get in trouble in public places but if there's trespass involved, then it's different. Also, there's precedent that public welfare is a factor.

But in general, you shouldn't be recording secretly in the 12 states whereas in the other 38 states, it's not as big a deal.

http://www.rcfp.org/taping/