Is it legal to record phone conversations w/o consent?
We should probably look into that before anything illegal happens…
I would need a mic in order to use that, correct? I’m not experienced in this area. Hahaha.
Also, the key thing is doing research. I really have no idea about NJ other than knowing the popular places. And being there a couple of times.
I also have a better idea about my “psycho ex.” He could come to my “house” while on the phone with my “baby”. Which would lead to ya know, my baby freakin’ out. My ex could be like “You fucking whore who are you on the phone with?” and shit. I’ll be like “ahhh dont hit me” and shit.
I’m a really good actress. I need a really good actor to play this part. Hahah.
well i like to beat woman so this could work lol
N.Y. Penal Law ?? 250.00, 250.05: It is a Class E felony to overhear or record a telephonic or telegraphic communication if one is not the sender or receiver, or does not have the consent of either the sender or receiver. It also is a crime for someone not present to overhear or record any conversation or discussion without the consent of at least one party to that conversation.
Cordless telephone conversations that are partially broadcast over ordinary radio waves are protected by the wiretapping and eavesdropping laws and require the same consent for recording as any other communication. New York v. Fata, 559 N.Y.S.2d 348 (N.Y. App. Div. 1990).
State courts have held that newspapers that published transcripts of an illegally recorded telephone conversation were subject to civil liability when “the newspapers knew they were dealing with recorded conversations between unconsenting parties.” Natoli v. Sullivan, 606 N.Y.S.2d 504 (N.Y. Sup. Ct. Oswego County 1993), aff’d, 616 N.Y.S.2d 318 (N.Y. App. Div. 1994).
however
In light of the differing state laws governing electronic recording of conversations between private parties, journalists are advised to err on the side of caution when recording or disclosing an interstate telephone call. The safest strategy is to assume that the stricter state law will apply.
For example, a reporter located in the District of Columbia who records a telephone conversation without the consent of a party located in Maryland would not violate District of Columbia law, but could be liable under Maryland law. A court located in the District of Columbia may apply Maryland law, depending on its “conflict of laws” rules. Therefore, an aggrieved party may choose to file suit in either jurisdiction, depending on which law is more favorable to the party s claim.
and
S.C. Code Ann. ?? 17-30-20, 17-30-30: It is a felony to intercept, disclose or use a wire, electronic or oral communication, unless it is done with the consent of at least one party to the communication.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” S.C. Code Ann. ? 17-30-15.
Anyone whose communication has been unlawfully intercepted can recover actual damages in the amount of $500 per day of violation or $25,000, whichever is greater, and also can recover punitive damages, litigation costs and attorney fees. S.C. Code Ann. ? 17-30-135.
I think all that means were clear to record all we want…
So we’re good, because I will consent.
[quote=“dawn,post:345,topic:30584"”]
So we’re good, because I will consent.
[/quote]
I think so.
Someone who can interpret the law better should chime in though…
[quote=“dawn,post:342,topic:30584"”]
I would need a mic in order to use that, correct? I’m not experienced in this area. Hahaha.
Also, the key thing is doing research. I really have no idea about NJ other than knowing the popular places. And being there a couple of times.
I also have a better idea about my “psycho ex.” He could come to my “house” while on the phone with my “baby”. Which would lead to ya know, my baby freakin’ out. My ex could be like “You fucking whore who are you on the phone with?” and shit. I’ll be like “ahhh dont hit me” and shit.
I’m a really good actress. I need a really good actor to play this part. Hahah.
[/quote]
yes, you would need a mic to do it. but if this is in possible legal grey areas, maybe it’s not a real good idea unless Joestypes or someone can assure that it’s legal to do
at any rate… don’t tell him your ex is there until a few phone convos… and don’t have the person who plays the ex start yelling and shit. Just a simple “who the f* is on the phone” followed up by “oh shit, my ex is here… I gotta go”
oh btw, you’re doing a great job 
:tup:
FANTASTIC READ…would read again…took me all morning :)…
[quote=“vq30de,post:344,topic:30584"”]
N.Y. Penal Law ?? 250.00, 250.05: It is a Class E felony to overhear or record a telephonic or telegraphic communication if one is not the sender or receiver, or does not have the consent of either the sender or receiver. It also is a crime for someone not present to overhear or record any conversation or discussion without the consent of at least one party to that conversation.
Cordless telephone conversations that are partially broadcast over ordinary radio waves are protected by the wiretapping and eavesdropping laws and require the same consent for recording as any other communication. New York v. Fata, 559 N.Y.S.2d 348 (N.Y. App. Div. 1990).
State courts have held that newspapers that published transcripts of an illegally recorded telephone conversation were subject to civil liability when “the newspapers knew they were dealing with recorded conversations between unconsenting parties.” Natoli v. Sullivan, 606 N.Y.S.2d 504 (N.Y. Sup. Ct. Oswego County 1993), aff’d, 616 N.Y.S.2d 318 (N.Y. App. Div. 1994).
however
In light of the differing state laws governing electronic recording of conversations between private parties, journalists are advised to err on the side of caution when recording or disclosing an interstate telephone call. The safest strategy is to assume that the stricter state law will apply.
For example, a reporter located in the District of Columbia who records a telephone conversation without the consent of a party located in Maryland would not violate District of Columbia law, but could be liable under Maryland law. A court located in the District of Columbia may apply Maryland law, depending on its “conflict of laws” rules. Therefore, an aggrieved party may choose to file suit in either jurisdiction, depending on which law is more favorable to the party s claim.
and
S.C. Code Ann. ?? 17-30-20, 17-30-30: It is a felony to intercept, disclose or use a wire, electronic or oral communication, unless it is done with the consent of at least one party to the communication.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” S.C. Code Ann. ? 17-30-15.
Anyone whose communication has been unlawfully intercepted can recover actual damages in the amount of $500 per day of violation or $25,000, whichever is greater, and also can recover punitive damages, litigation costs and attorney fees. S.C. Code Ann. ? 17-30-135.
I think all that means were clear to record all we want…
[/quote]
Agreed, those are just anti-wiretapping laws. You can record the phone call.
does it matter he is in anoother state
[quote=“nitroinsane,post:350,topic:30584"”]
does it matter he is in anoother state
[/quote]
of course it matters…
I saw a bit on TV about kids internet bullying and I think I am witnessing it in this thread.
When I read Dawn’s conversation with this guy I couldn’t help but think of Dateline with Chris Hansen though.:biglaugh:
By the way, Recording phone conversations is leagal as long at least one of the people is aware of it.
Maryland is the only state where it is illeagal.(Think Monica Lewinsky)
Ok here’s the deal. I’m going to call later to “check in” and then I’ll say I have to go eat dinner or something. I’m going to make my number private, obviously. Or well… I could call from my grandma’s… hm… I MIGHT do that because then he won’t ask why it’s private. But if he calls back… Sorry hahah I’m writing my thoughts down.
I sort of want to go down to NC just to see the look on that mother fuckers face. If someone wants to drive down, I’ll pay gas $ and help drive because I don’t want to stop and sleep in some crappy motel. Hahah. We need like a camera crew and shit.
[quote=“dawn,post:355,topic:30584"”]
Ok here’s the deal. I’m going to call later to “check in” and then I’ll say I have to go eat dinner or something. I’m going to make my number private, obviously. Or well… I could call from my grandma’s… hm… I MIGHT do that because then he won’t ask why it’s private. But if he calls back… Sorry hahah I’m writing my thoughts down.
I sort of want to go down to NC just to see the look on that mother fuckers face. If someone wants to drive down, I’ll pay gas $ and help drive because I don’t want to stop and sleep in some crappy motel. Hahah. We need like a camera crew and shit.
[/quote]
i’m flying to VA on tuesday…$85 for the plane ticket. i’ll drive you to this kids place then drive you home…missing a few days of work/class isn’t a big deal if i get to witness this…
The only thing is, work is hectic right now, and I just took off a couple days in an emergency family situation. I can’t just be like “Ok cya!” again. So I’d have to get my days off next to eachother.
Hahah.
Good good, please make this happen. Would be great footage for NYSpeed 2 DVD release…
Come on Josh, what say you!
I think we really need this phone call tonight recorded in some way.
I don’t have a mic. It’s at home. I’ll buy a tape recorder, hahaha.