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Logan explains:. Whether one has a reasonable expectation of privacy in a given situation depends upon the context: Was the conversation in a public or private location? Did the individual being recorded treat the subject matter as private? A person who is bragging at a party about cheating a friend in a business deal cannot later object to the introduction of a recording of this admission as evidence in a lawsuit filed by his ex-friend.

New York Recording Law | Digital Media Law Project

As you can see, public locations open things up a tad. Public places are almost always safe, but the definition of public place can get stretched sometimes. Generally speaking, you have the right to record video in all public spaces without need of consent. A public space is defined as anywhere any member of the public can legally access, so public transit facilities, parks, streets, etc. Recording video on private property, though, is up to the discretion of the property owner, private security, or police, but secret video recordings are illegal on all private property in some states, like California.

Even in one-party states, recording video like that is dubious at best. You do, however, have the right to record video and audio of police officers or public officials performing official duties if they are in public places. That said, you may only do so as long as you are not interfering with those activities or violating other laws in the process.

If you get busted secretly recording conversations, you could face jail time, fines, or even be sued. Getting busted in California Cal.

Also, most states let the non-consenting party who was recorded sue you for damages, which could be much worse than those other fines. The A. Patrick Allan. Filed to: Polakoff, F. Therefore, every communications including interstate phone calls, to and from any States in the USA and every foreign phone call to and from the USA, are under the control and the jurisdiction of the Federal government of the USA pursuant to the Federal communication Act of June 19, , 48 Stat.

Section Federal law requires that at least one party taking part in the call must be notified of the recording 18 U. For example, it would be illegal to record, without notification, the phone calls of people who come into a place of business and ask to use the telephone. Telephone recording laws in some U. Several states require that all parties consent when one party wants to record a telephone conversation.

Many businesses and other organizations record their telephone calls so that they can prove what was said, train their staff, or monitor performance. This activity may not be considered telephone tapping in some, but not all, jurisdictions because it is done with the knowledge of at least one of the parties to the telephone conversation. Other states and the District of Columbia not listed above require only that one party consent to the recording. Following the Illinois Supreme Court's decision in People v. Clark on March 20, , which struck down Illinois' two-party consent law, [41] Illinois was a one-party consent state.

Is it Legal to Record a Phone Conversation in New York?

However, the state legislature amended the statute and, as of December 30, , Illinois is once again a two-party consent state, [31] although the revised law establishes a one-party consent rule for private electronic communications. The Michigan Court of Appeals ruled in that participants in a conversation may record a discussion without getting the permission of other participants.


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  • Understanding New York’s One-Party Consent Rule.
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This is because the law uses the wording, "the private discourse of others", rather than the wording, "the private discourse of others or with others ". The California Supreme Court ruled in that if a caller in a one-party state records a conversation with someone in California, that one-party state caller is subject to the stricter of the laws and must have consent from all callers cf. Kearney v.

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Salomon Smith Barney Inc. However, non-disclosure recordings by one of the parties can legally be made if the other party is threatening kidnapping , extortion , bribery , human trafficking , or other felony violence. Also included in the exception is misdemeanor obscenity and threats of injury to persons or property via an electronic communication device usually a telephone if directed in whole or in part towards a conversation participant or family members.


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Some states distinguish between electronic and in-person communication. For example, Oregon is a one-party consent state for electronic communication, but requires all-party consent for live in-person communication, with a few exceptions. The Federal Communications Commission defines accepted forms of notification for telephone recording by telephone companies as: From Wikipedia, the free encyclopedia.

See also: Mass surveillance in Australia. June Retrieved September 28, Globe and Mail. Wiretapping and the one party consent exception to the rule against interception". May 6, Retrieved 28 September Retrieved 25 March Tiscali News. Archived from the original on 11 October Juridical Current. Recording and monitoring telephone calls or e-mails". June 24, FSA publishes new rules on telephone recording". March 3, Reporters Committee.

Michael Jackson Private Phone Calls Recorded Conversations with Friend(s)

August 1, Digital Media Law Project. May 14, Littler Mendelson P. Retrieved May 8, Privacy in communications".

New York Recording Law

Retrieved 6 December Justia Law. Fox News. August 7, August 21, Salomon Smith Barney, Inc. April 26, Penal Law sections Retrieved April 26, United States Government Publishing Office. Retrieved from " https: Privacy law Telecommunications law Telephone tapping. Hidden categories: CS1 Italian-language sources it Webarchive template wayback links Pages with citations lacking titles Pages with citations having bare URLs All articles with unsourced statements Articles with unsourced statements from April Namespaces Article Talk. Views Read Edit View history.