If you live in a state that allows telephones to be recorded with the consent of only one party to the conversation, you always run the risk of the other person recording the call and might use against you in some way in court.
If one of you live in a one party consent state and one live in a two party consent state, then usually you fall under the two party consent laws.
So, for people that live in a one party consent state they always need to keep this in mind when talking to someone in their own state. But, if you talk to someone outside of your state, arguably you are safer than talking to someone in your own state if that person lives in a two party consent state. Logically neither of you can record the phone call and therefore are safer.
My head is spinning, isn't yours? Well, I include a link below that you should print and keep on hand if you live in a one party consent law. In a world where things are all equal, you are better off having only long distance, share all my secrets type friends, in two party consent law states because they can’t tape your conversation and use it against you in any legal proceeding.
Here is the link Click Here.
I realize that this is much nuanced and might not seem very important, but I am of the firm belief these complex times, we do ourselves service to learn one or two simple tricks a day to protect ourselves. This is just one piece that I feel is pretty easy to understand for the dull wit person like myself.
And, the lesson here is if you live in a one person consent state, only make long distance friends or have long distance affairs with people in two person consent states such as California, Connecticut, Delaware, Florida, Maryland, Massachusetts, Nevada, New Hampshire, Pennsylvania, Vermont, Washington and Illinois.
This is non authoritative of course and just a guideline, and before you start sharing with your wives best friend in Texas about your affair with the brides maid. Check the actual law.
Wednesday, February 27, 2008
Summary of Consent Requirements for Taping Telephone Conversations.
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