I hate to change such a good subject but.
- Does anyone have a list of the 50 states recording laws? Phone
recording laws to be specific. I can find a list of which states are 1
or 2 party consent and some links to vague information. I want a list
by state of the actual statute numbers (chapter and verse). Even if
you just know a few states or just your own. I would appreciate a link
or a number. I will be using the info to create a database for my
customers to use as a reference before purchasing equipment.
- Check this out for recording laws.
Michael J. Prem
Data Byte Recovery & Investigations
P.O. Box Three, Broussard, LA 70518
LA PI 3205-040497-LA
877/373-7087 fax and voice mail
Start your day with Yahoo! - Make it your home page!
- Leif -
Go here and you will find them all -
Ala. Code § 13A-11-30, -31: Unlawful eavesdropping is defined as the
overhearing or recording of the contents of a private communication without the
consent of at least one person engaged in the communication. The statute has been
interpreted as creating a right to privacy in communications — specifically,
a right not to have communications overheard, recorded or disclosed without
consent. Ages Group v. Raytheon Aircraft Co., 22 F. Supp. 2d 1310 (M.D. Ala.
Criminal eavesdropping involves the intentional use of "any device" to
overhear or record communications, whether the eavesdropper is present or not,
without one party's consent. Criminal eavesdropping is a misdemeanor. Ala. Code
§ 13A-11-31. Knowingly divulging information obtained through illegal
eavesdropping is a misdemeanor as well. Ala. Code § 13A-11-35. Misdemeanors in
Alabama carry a maximum jail sentence of one year. Ala. Code § 13A-1-2.
While hidden cameras are not expressly addressed, it is a misdemeanor to
engage in "criminal surveillance," defined as secret observation or photography
while trespassing on private property. Criminal surveillance does not include
observation on a public street. Ala. Code § 13A-11-32.
Cal. Penal Code §§ 631, 632: It is a crime in California to intercept or
eavesdrop upon any confidential communication, including a telephone call or
wire communication, without the consent of all parties.
It is also a crime to disclose information obtained from such an
interception. A first offense is punishable by a fine of up to $2,500 and imprisonment
for no more than one year. Subsequent offenses carry a maximum fine of $10,000
and jail sentence of up to one year.
Eavesdropping upon or recording a conversation, whether by telephone
(including cordless or cellular telephone) or in person, that a person would
reasonably expect to be confined to the parties present, carries the same penalty as
intercepting telephone or wire communications.
Conversations occurring at any public gathering that one should expect to be
overheard, including any legislative, judicial or executive proceeding open
to the public, are not covered by the law.
An appellate court has ruled that using a hidden video camera violates the
statute. California v. Gibbons, 215 Cal. App. 3d 1204 (1989). However, a
television network that used a hidden camera to videotape a conversation that took
place at a business lunch meeting on a crowded outdoor patio of a public
restaurant that did not include "secret" information did not violate the Penal
Code's prohibition against eavesdropping because it was not a "confidential
communication." Wilkins v. NBC, Inc., 71 Cal. App. 4th 1066 (1999).
Anyone injured by a violation of the wiretapping laws can recover civil
damages of $5,000 or three times actual damages, whichever is greater. Cal. Penal
Code § 637.2(a). A civil action for invasion of privacy also may be brought
against the person who committed the violation. Cal. Penal Code § 637.2.
[Non-text portions of this message have been removed]
- on 12/5/2005 4:23 PM Leif said the following:
> Does anyone have a list of the 50 states recording laws? PhoneHere you go:
> recording laws to be specific. I can find a list of which states are 1
> or 2 party consent and some links to vague information. I want a list
> by state of the actual statute numbers (chapter and verse). Even if
> you just know a few states or just your own. I would appreciate a link
> or a number. I will be using the info to create a database for my
> customers to use as a reference before purchasing equipment.
> Leif "Krang"
The first two are investigative reporters' sites, dig deep there are
some really good links. The third is an NAIS "special" but still fairly
accurate and one of their better ones. Just pay attention to the
footnotes, if any, and then double check the information
Hrodey & Associates Established 1977
Post Office Box 366 Member of NALI, ASIS, FBINAA, NAPPS
Woodstock, IL 60098-0366 NCISS, Assoc Det of IL & P.A.W.L.I.
Licensed in IL & WI (815) 337-4636 Voice 337-4638 Fax
email: inquiry@... or rth@...
Illinois License 115-000783 Wisconsin 8045-063
- Thanks, I think I have enough places to look. All I need now is help
building a database and entering all the data. ( I dont really need
help, just lazy)