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From: rab@well.UUCP (Bob Bickford)
Newsgroups: sci.crypt
Subject: Re: phone taps
Message-ID: <4280@well.UUCP>
Date: Fri, 23-Oct-87 06:21:35 EST
Article-I.D.: well.4280
Posted: Fri Oct 23 06:21:35 1987
Date-Received: Sun, 25-Oct-87 20:46:18 EST
References: <509@tut.cis.ohio-state.edu> <151@tower.UUCP>
Reply-To: rab@well.UUCP (Bob Bickford)
Organization: Whole Earth 'Lectronic Link, Sausalito, CA
Lines: 37
Summary: different laws....

John Moore writes:
>Lawrence V. Cipriani writes:
>>
>>My understanding of the law is that a phone conversation
>>can be recorded if the recorder asks for permissions, or
>>if audible 'beeps' are made a few times.  Does anyone know
>
>	This is a common misconception. As far as federal law goes,
>the call may be recorded just one party agrees, and the other
>party need not be notified. You may record any call that you
>participate in, as may the other party.

   Of course, as stated, this is the FEDERAL law.  And thus is
applicable generally only to INTERSTATE calls.  Many states (such
as California) have different laws; in particular, many require
ALL participants in a call to be informed of the recording AND/OR
the presence of audible 'beeps' on the line.  (If memory serves,
California requires at least one of the above, and they seem to
lean heavily towards the beeps.)  Of course, these laws are applicable
generally only to INTRASTATE calls.  (Yeah, I know the definitions
get real fuzzy here in places, but what do you expect from politicians?)
   None of the laws, so far as I am aware, make it illegal for you
to record your own calls, with or without informing anybody.  I recall
a court case on the issue where the case was dropped because they
realized he hadn't, technically, violated any law.  But these laws do
make it illegal for somebody else to record your calls (a "third party")
and they do make recordings not made in accordance with their requirements
inadmissable as evidence.  Also, I believe there are some obscure laws
making it possible for you to sue any "public employee" (whatever that
might mean....) if they record their conversation with you and fail to
adhere to these requirements.   (This last might only be a federal law;
I don't recall just now where I saw it.... sorry.)

-- 
  Robert Bickford                 {hplabs, ucbvax, lll-lcc, ptsfa}!well!rab
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