# What is the current legal status of secretly recording private conversations? **URL:** \ **Category:** Factual Questions\ **Created:** [April 30, 2014, 8:32pm UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393 "2014-04-30T20:32:16Z")\ **Posts on this page:** 13\ **Page:** 2
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [May 2, 2014, 6:51am UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393/21 "2014-05-02T06:51:29Z")
I assume in all these discussions, the key issue is where the person at the end doing the recording is geographically located? I can’t just fly down to California and call you up in your one-party state so that your recording breaks California law? ---
**Author:** ![nicky](https://avatars.discourse-cdn.com/v4/letter/n/f0a364/32.png) [@nicky](https://boards.straightdope.com/u/nicky)\ **Post date:** [May 2, 2014, 7:35am UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393/22 "2014-05-02T07:35:39Z")
Has anyone ever been convicted and significantly punished for secretly recording a comversation/phonecall in which the other party committed an offense in it (eg making a threat, offering a bribe etc). ? ---
**Author:** ![Claverhouse](https://avatars.discourse-cdn.com/v4/letter/c/13edae/32.png) [@Claverhouse](https://boards.straightdope.com/u/Claverhouse)\ **Post date:** [May 2, 2014, 9:28am UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393/23 "2014-05-02T09:28:38Z")
> [@Emtar\_KronJonDerSohn](#): > > I had a total scumbag bill collector harassing me for over a year about a bad debt that allegedly belonged to a family member. Nothing would get rid of him. One day he called to harass me and when he gave the “this call may be recorded for quality assurance” disclaimer I had a lightbulb turn on. > > “THIS call?! I’ve been recording ALL of them!” > > Hilarity ensued. > > I offered to email the (non-existent) recordings to the FTC, FCC, and my local Attorney General’s office to settle our difference of opinion on whether or not his disclaimer allowed me to record. He flipped out, cussed me out, hung up, and I got an official looking letter from his company stating that I was to immediately discontinue calling their company with intent to threaten, harass, intimidate, annoy, and illegally wiretap their customer service agents. > > I never got called again. That is beautiful. ---
**Author:** ![BrotherCadfael](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@BrotherCadfael](https://boards.straightdope.com/u/BrotherCadfael)\ **Post date:** [May 2, 2014, 12:42pm UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393/24 "2014-05-02T12:42:50Z")
It seems to me that, if a company says, “this call may be recorded”, that they are consenting to it. This may be a somewhat novel interpretation. ---
**Author:** ![What\_the](https://avatars.discourse-cdn.com/v4/letter/w/f4b2a3/32.png) [@What\_the](https://boards.straightdope.com/u/What_the)\ **Post date:** [May 2, 2014, 3:05pm UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393/25 "2014-05-02T15:05:53Z")
> [@Ravenman](#): > > It seems like he was actually wiretapping phone calls between other people not involving himself. The OP is asking about recording calls between himself and someone else. So does that mean that Federal law only applies if you aren’t a party to the conversation and that some state laws apply even if you are? … and have there been pushes to strengthen Federal law? ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [May 2, 2014, 5:11pm UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393/26 "2014-05-02T17:11:23Z")
> [@guizot](#): > > When I first heard the recording, it was so clear I just assumed it was a face-to-face conversation, but everyone in this thread is talking about a phone conversation. Which is the case here? Was this conversation on the phone or not? And if not, then do any of these laws apply? It’s generally legal for me to secretly record conversations I have in person, isn’t it? As I understand the Sterling/gold digger/clipper case, the recording was made face-to-face. However, there was a lot more to the conversation than has been released to the public. Sterling said what he said but I now wonder if he was being set up by the gold digger. It may be a case of stupid people playing stupid games. Illegally recording phone conversations could/would involve federal and local law violations. That doesn’t seem to apply to this case. A private conversation would fall under local/state jurisdiction. It seems that Sterling and the gold digger may have had a deal that allowed her to record him for their own private use. Maybe. If Sterling can prove that he suffered some injury (financial, mental, or physical) because the recording was released, he can sue the gold digger. I’m pretty sure that the gold digger has lost her access to horny, stupid, rich guys so her future earnings might be limited to selling autographed copies of that spit shield she wears. (Remind me to check ebay for her “No Spit But Will Swallow” face wear. hehehe) It’s not illegal to take pictures/video of people in a public area. It can be illegal to record their conversation. A gas station can legally record pictures of it’s customers but not their voice. You can record your personal conversations for your own personal use. If it’s used for anything else, you should expect to be sued (so you should limit your voice recordings to poor people. 😉 ) ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [May 2, 2014, 6:09pm UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393/27 "2014-05-02T18:09:58Z")
> [@What\_the](#): > > So does that mean that Federal law only applies if you aren’t a party to the conversation and that some state laws apply even if you are? > > … and have there been pushes to strengthen Federal law? The point I’m trying to make is that some states require one party consent, other states require two party consent, and the OP was asking about the status of those laws. But Mr. Pellicano was convicted of zero party consent, basically. It just isn’t the same issue. As I read 18 USC 2511, Federal law merely requires one person consent: > [@](#): > > It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State. ---
**Author:** ![Son\_of\_a\_Rich](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/son_of_a_rich/32/5439_2.png) [@Son\_of\_a\_Rich](https://boards.straightdope.com/u/Son_of_a_Rich)\ **Post date:** [May 2, 2014, 6:36pm UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393/28 "2014-05-02T18:36:08Z")
ISTR that recently some bullied kid recorded his aggressors and was threatened with violation of anti-wiretapping laws. Sorry I couldn’t be more vague. ---
**Author:** ![ZipperJJ](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zipperjj/32/211_2.png) [@ZipperJJ](https://boards.straightdope.com/u/ZipperJJ)\ **Post date:** [May 2, 2014, 6:54pm UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393/29 "2014-05-02T18:54:49Z")
> [@doorhinge](#): > > When I originally heard the released snippet, I suspected from Sterling’s speech that Sterling suffered from oldtymers disease or had previously suffered a stroke. His part of the conversation seemed to be a little bit addled (as well as racist) but it wasn’t clear why. Do you mean “Alzheimer’s disease” or are you just being cheeky? ---
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [May 2, 2014, 7:25pm UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393/30 "2014-05-02T19:25:37Z")
> [@Son\_of\_a\_Rich](#): > > ISTR that recently some bullied kid recorded his aggressors and was threatened with violation of anti-wiretapping laws. Sorry I couldn’t be more vague. You may be thinking of [this](http://boards.straightdope.com/sdmb/showthread.php?t=721075). ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [May 2, 2014, 7:26pm UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393/31 "2014-05-02T19:26:53Z")
Alzheimer’s disease is an official medical condition. Oldtymers disease is a ah, ummm, ah, well, it’s a, ahh, what time is dinner? ---
**Author:** ![Learjeff](https://avatars.discourse-cdn.com/v4/letter/l/94ad74/32.png) [@Learjeff](https://boards.straightdope.com/u/Learjeff)\ **Post date:** [May 2, 2014, 7:31pm UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393/32 "2014-05-02T19:31:53Z")
> [@Emtar\_KronJonDerSohn](#): > > “THIS call?! I’ve been recording ALL of them!” > > Hilarity ensued. Gee, I sure do wish you had recorded that! Regarding the national law: Yes, there’s a national law, and states may have more restrictive laws. Actually, they could also have less restrictive laws, but The Feds could prosecute under federal law regardless. Sorta like medical MJ in CA, or any MJ in CO or WA. I lived in Ann Arbor, which had a $5 or $10 fine for smoking pot. They issued the equivalent of a traffic ticket, and you could mail in the fine. However, my parents, lawyers, made a point of letting us know that the local law didn’t keep anyone from being held subject to the state law. And yes, it does matter whether it’s by telephone or in person, at least, in some states. There are specific laws for telephony that do not apply to conversations. Regarding conversations, I believe there’s an issue about “expectation of privacy” as well. ---
**Author:** ![What\_the](https://avatars.discourse-cdn.com/v4/letter/w/f4b2a3/32.png) [@What\_the](https://boards.straightdope.com/u/What_the)\ **Post date:** [May 3, 2014, 12:48pm UTC](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393/33 "2014-05-03T12:48:19Z")
> [@Ravenman](#): > > The point I’m trying to make is that some states require one party consent, other states require two party consent, and the OP was asking about the status of those laws. But Mr. Pellicano was convicted of zero party consent, basically. It just isn’t the same issue. > > As I read 18 USC 2511, Federal law merely requires one person consent: That’s fine… I was just asking related questions that fit the OP as I read it. He said nothing about Fed vs state. … perhaps I shouldn’t have asked about calls for new Fed laws…whoops, there I go again…😃 [Previous page](https://boards.straightdope.com/t/what-is-the-current-legal-status-of-secretly-recording-private-conversations/687393.md?page=1)