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January 5, 2004
Taping phone conversations in the United States
By QBlog in
I posted a link to a site that describes U.S. telephone recording laws back in March, 2003, but apparently that link no longer works.
Never fear. I've found a much better resource for those interested in taping phone conversations, recorded messages and any other fun stuff that might be heard on the telephone.
The Reporters Committee for Freedom of the Press has a nice page called "Can We Tape?" that explains the laws about taping phone calls. Be sure to check it out.
Basically all but 12 states allow what is called "one party consent" before taping a phone call is legal. This means that taping your neighbor's phone calls without their knowledge is illegal. However, "one party consent" does mean that you can record your own phone call to your neighbor without needing to inform him of the taping. You're the "one party" and since you're doing the recording then you obviously have consented. Cool huh?
The 12 states that require "all parties consent" are:
This means that if you call your neighbor (or he calls you) in one of those 12 states you must inform him that you're taping the phone conversation for it to be legal. All parties in the conversation MUST be informed (possibly even the phone company). This would include conference calls.
So, there you have it.
But wait, isn't recording phone calls kind of creepy? I mean, it's sort of dishonest isn't it? And besides, I need all sorts of hi-tech gizmos to do it right? Wrong, Wrong, Wrong.
Recording phone calls is the American way. It's safe, fun, educational and so easy to do! All you need is a tape recorder and this little gizmo from Radio Shack. Simply plug it in and let the fun begin. It makes a lovely Christmas gift too. And it's Oh So Fun at Parties.
So, what are you waiting for? Start recording today!
Comments
Ditto Poe's comment.
I always have something in mind. Usually, as in this case, I have more than one single thing in mind. One thing was that I think it's just important info for folks to know. Many people think it's wrong to record phone calls when it's really perfectly fine (in most states).
Question?
What if I live in California and want to tape someone who lives in Texas without their consent?
My ex-boyfriend taped conversation of us without my consent. We are now envoled in a small claims court suit and he sent me copies that he claimed was of the both of us but hwen i heard the tape it clearly wasnt me or him. However, when we got to court he played a different tape which was of he and I. What can I do about this?
I live in texas. What about an employee of mine who called me from our work phone and recorded our conversation without me knowing. Is this legal?
I'm recording interviews, with consent, for a Pod Cast. The problem is, there is a buzzing through the radioshack control. The quality is really good, except for that base level buzz.
Any help?
Or to make it even easier, buy the gizmo shown above and tape recorder all in one. So much easier!!
http://www.radioshack.com/product.asp?catalog%5Fname=CTLG&category%5Fname=CTLG%5F008%5F008%5F012%5F001&product%5Fid=43%2D473
Very nice Q. Did you have anything in mind when you wrote this, other than fun at parties?
Posted by: Poe | January 6, 2004 1:47 AM