I’m trying to understand the definition of a “recording” as it applies to wiretapping laws. With the powerful signal processing capabilities that are available on computers and cellphones, is there a point where you can so significantly process and capture an unknowing party’s voice, so that it’s no longer considered a recording?
Let’s assume Person A and Person B both reside in a two-party consent state, so both parties have to consent to the recording of a phone conversation. Do any of the following hypothetical scenarios constitute wiretapping?
Without the consent of the other…
- Person A uses a speech-to-text application in real time to capture an error free transcript of the conversation.
- Person A has some engine to replicate Person B’s voice, similar to how Apple captured pieces of how real-life Siri spoke and packaged it into an application that can accurately reproduce almost every word, in her voice. Person A inputs Person B’s spoken words into a speech-to-text app, which is processed through a text-to-speech app, and outputs an audio file which sounds identical to the original conversation. Let’s assume Person A can demonstrate that he legally created this application.
- Person A uses a speech-to-speech application in real time, which modifies an attribute of Person B’s speech (cadence, tone, language, etc…), and records the output.