What constitutes wiretapping?

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.

It’s hard to give an answer that would account for all the various state laws, but let’s look at the Federal wiretapping statute:

The fact that the communication is being intercepted is the critical point. The mechanics of how the interception device work is not specifically prohibited – for example, the statute doesn’t say, “You can’t use an analog tape recorder to intercept phone calls,” which is a statement that doesn’t prohibit using a digital device.

If person A is using any means to “intercept” the communications, or use them in any way after they are captured, it would appear on its face that sections (a) and (d) quoted above provides for that situation. Using a newer technology doesn’t escape the fact that the messages are being intercepted.