Other Stuff That Has Little To Do With PLA > Techinical Shit
Legal Info - 1-Party vs. 2-Party Consent Laws for Recording Phone Calls
Saul_Goodman:
ONE MORE UPDATE
While the FCC doesn't have regs related to individuals recording their phone calls, they do have regulations related to telephone companies recording phone conversations.
Here is all the information related to relevant FCC regulations from the FCC's page on recording phone calls.
--- Quote ---FROM http://www.fcc.gov/guides/recording-telephone-conversations.
"Recording Telephone Conversations
Background
The Federal Communications Commission (FCC) has adopted rules regarding the manner in which telephone companies may record wireline telephone conversations. The FCC currently has no rules regarding recording of telephone conversations by individuals, but federal and many state laws may prohibit this practice.
FCC’s Rules Regarding Telephone Company Recording of Interstate or International Wireline Telephone Conversations
The FCC protects the privacy of telephone conversations by requiring notification before a recording device is used to record interstate (between different states) or international wireline calls. Interstate or international wireline conversations may not be recorded unless the use of the recording device is:
preceded by verbal or written consent of all parties to the telephone conversation; or
preceded by verbal notification that is recorded at the beginning, and as part of the call, by the recording party; or
accompanied by an automatic tone warning device, sometimes called a “beep tone,” that automatically produces a distinct signal that is repeated at regular intervals during the course of the telephone conversation when the recording device is in use.
Also, a recording device can only be used if it can be physically connected to and disconnected from the telephone line or if it can be switched on and off."
--- End quote ---
This was quoted from the FCC Website, "Recording Telephone Conversations," http://www.fcc.gov/guides/recording-telephone-conversations.
Again, this just deals with FCC regulations as a matter of administrative law. There are still the federal and state statutes I've listed above in previous posts.
I hope this was not too lengthy and convoluted.
- Saul
rbcp:
That's cool, I thought the federal law said both parties had to consent, but I never really looked into it because I'm a rebellious lawbreaker that just doesn't care. Guess it's a good thing that I moved from an all-party state to a one-party state a few years ago.
Saul_Goodman:
Yeah, definitely.
By the way, I hope I'm not freaking out any PLA members with these legal posts. I'm just posting it as useful information--stuff that's good to know. There's almost certainly nothing to worry about for a number of reasons:
* Federal law is one-party consent, so federal law isn't implicated;
* State statutes of limitations on even the most serious felonies like rape usually don't run more than 7 years tops, and are less in many states;
* In addition, even the least busy police department in the country is likely way too busy to devote much time to hassling out-of-state prank phone callers.
* Extraditing a prank phone caller from one state to another to face charges for playing a harmless joke would be a ridiculous waste of time and money for almost any state.
As long as the pranker follows your rules [http://www.phonelosers.org/rules] and doesn't make threats or mention bombs, terrorism, or violence, there is little chance of a police department wasting resources on forming an interstate task force to hunt you down for making a prank call.
I didn't want to freak anyone out by posting this legal info, I just figured it was better to have all the law located in one place for PLA members.
I'm not a great hacksor like the other PLA members, but I do know the law in this area better than almost anybody.
I thought this would be the best way for me to contribute to the forums.
- Saul Goodman
rbcp:
You're not freaking anyone out because these forums are DEAD. :)
You're actually the 3rd person that's offered legal advice on PLA forums. Years ago we had Yo Mama and a few years after that we had RougeClown. They both got lives and left us. Hopefully you won't let that happen to you.
Saul_Goodman:
--- Quote from: rbcp on August 08, 2013, 11:01:50 PM ---You're actually the 3rd person that's offered legal advice on PLA forums. Years ago we had Yo Mama and a few years after that we had RougeClown. They both got lives and left us. Hopefully you won't let that happen to you.
--- End quote ---
Hey RBCP,
Thanks for letting me know about those other two members. I read the legal post by yo_mama and it is excellent. I'm also looking through rogueclown's posts for legal stuff too, but she has a ton of posts so I'm only halfway through.
After reading yo_mama's post, I feel I have to clarify that my posts above deal ONLY with the laws governing "recording phone calls." There are other laws that apply that criminalize harassment. I'll start a separate thread to start to address those issues.
- Saul
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version