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In general, it is legal to record phone conversations if one person
participating in the conversation agrees to the recording. For example,
if you are talking on the phone with someone, it is perfectly legal for
you to record the conversation – because you have agreed to it being
taped. Likewise, if a person working with you to help uncover
information is talking on the phone, and the person agrees to have the
conversation recorded, than this is legal, as well.
Each state and local jurisdiction, however, can have its own rules about
telephone recording. Therefore, laws in your area should be checked
before recording phone conversations. For example, California,
Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan,
Montana, Nevada, New Hampshire, Pennsylvania, and Washington, mandate
that all parties give permission before a phone conversation is
recorded. For this reason, it is always best to ask for permission to
record a conversation at the beginning of the conversation. If you are
attempting to record a conversation in a covert fashion, be sure to
check laws on both the state and local level before doing so.
Similarly, most states allow you to give permission to place a tap on
your own personal phone. This can, of course, affect anyone in the
household who chooses to use the phone. State and local laws should be
checked into when giving permission to place a tap on your phone. Each
jurisdiction may have its own regulations on informing other members of
the household about the tap.
This is where phone recordings can get tricky. With wire tapping,
neither party on the phone has agreed to have their conversation
listened to or recorded. In the United States and in most countries,
recording phone conversations without permission is in direct violation
of privacy acts.
If, however, the court can be persuaded to allow a phone tap, then it is
legal to install one. To get court permission, it must be proved that a
phone tap will provide critical evidence to a case. In some
jurisdictions, it can be easy to convince the court to allow wire
tapping, while other jurisdictions are not so easily swayed. Usually
federal agencies are the entities most capable of convincing a court to
allow phone tapping.
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