Lucky225 wrote:
I have a question about telephone recording when state lines are
crossed. How do the court's decide jurisdiction? For example if
someone calls me from a 'one party consent' state, say Maryland, and
I'm in California, an 'all party consent' state, would the person in
Maryland need my consent to record. Further, what if I have a Nevada
cellphone number or I used number portability or voice over IP to get
a Nevada number in California. I'm located in California, but they're
calling a Nevada (one party consent state) number, how would they know
I'm in California? Or what about if I use my California cell phone in
a one-party state to record a call w/o the other person's consent?
Does federal one-party consent pre-empt all of this?
Jurisdiction would take precedence in the state where the party recording
is.
A NJ person calls you, who is in Ca., he does not have to advise that the
call is being recorded, but should do so if he wished to use it in court.
Basically, all recorded calls have to be announced to be legal in court.
That gives you the oppurtunity to hang up or not say things which could be
used against you.
There is a thing called "Expectation of privacy" and if one records without
knowledge of the other, then expectation of privacy has been violated.
Somebody calls you, you have a rather lengthy discussion on your opinion of
Governor Arnie.
You come to find out your conversation is printed in a newspaper or put on a
web site, and twisted around so that what you actually said is totally
wrong.
What can you do about it? File a lawsuit perhaps.
Clint Eastwood did when a tabloid reported on a meeting that never took
place.
