Author Topic: Legality of pranks.  (Read 7948 times)

Offline yo_mama

  • Newb
  • *
  • Posts: 2
  • 1337 13V3L: +2/-0
Re: Legality of pranks.
« Reply #15 on: April 12, 2007, 09:26:23 PM »
Hi Matt, I hope you don't mind if I post a reply.

This is a multi part answer because there are multiple laws involved when you first prank a person, second record the conversation and third distribute that recording on the internet.

Prank Calls and Online Distribution
US Federal:  Prank calls violate the Telecommunications Act, specifically 47 U.S.C. 223 (a)(1) which you can read in its entirety at:
http://www4.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000223----000-.html
This act covers two areas of your question. You violate section 1 when you make an obscene or harassing phone call over state lines. You violate section 2 if you distribute for commercial purposes recordings of obscene or harassing phone calls and are subject to a $50,000 fine per violation.

US States:  I cannot find a finite list of states and their laws, but assume its illegal and if you want a specific states law reply with it. Since online distribution is automatically federal (you can’t say if internet traffic did or not cross state lines and websites are not limited to a specific state) so the federal distribution rule applies.

Canada: Canadian federal law is actually pretty serious specifically Criminal Code of Canada - Part IX Offences Against Rights of Property and covers a large variety of sources, relevant law follows:
R.S., c. C-34, s. 329.
False messages
372. (1) Every one who, with intent to injure or alarm any person, conveys or causes or procures to be conveyed by letter, telegram, telephone, cable, radio or otherwise information that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Indecent telephone calls (2) Every one who, with intent to alarm or annoy any person, makes any indecent telephone call to that person is guilty of an offence punishable on summary conviction.
Harassing telephone calls (3) Every one who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person is guilty of an offence punishable on summary conviction.
And can be read in its entirety at:
http://laws.justice.gc.ca/en/showdoc/cs/C-46/bo-ga:l_IX-gb:s_361//en#anchorbo-ga:l_IX-gb:s_361
Skip down to false messages

Recording a Phone Conversation:
US States: The laws regarding the recording of telephone conversations very state by state and if they cross state lines then federal law applies. If you want to see what your state's law is follow this link:
http://www.pimall.com/nais/n.tel.tape.law.html

Where it says 'one party' that means that state only requires that one of the parties on the line consents to the recording of the call. If it says 'two party' that both parties have to consent to the recording, if there is a conference call all parties have to consent in a 'two party' state.

US Federal: US Federal law for the recording of a phone conversation crossing state lines is defined under Title 18, Part 1, Chapter 119 USC Wire and Electronic
Communications Interceptions and can be read in its entirety at:
http://www4.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_119.html

Canada: Federal law in canada is one party consent you can read the law here:
http://www.efc.ca/pages/law/cc/cc.183.1.html
I cannot find any references to individual canadian states.




Offline MattGSX

  • Whiny Music Nerd
  • Senior PLA Junkie
  • *****
  • Posts: 1195
  • 1337 13V3L: +59/-97
  • Douchenozzle
    • Matt GSX Has Better Taste In Music Than You
Re: Legality of pranks.
« Reply #16 on: April 12, 2007, 10:19:38 PM »
I love ya, baybee.

Good to see you back. Your input is always much more valuable than mine could be. Thanks for clearing everything up for us.

Offline samo

  • PLA Fan Club
  • *****
  • Posts: 94
  • 1337 13V3L: +6/-3
    • Phone Bonarz
Re: Legality of pranks.
« Reply #17 on: April 13, 2007, 04:30:37 AM »
This is sort of off topc, but I hear alot of things about not posting numbers on this website. Then what about phonelosers.net? Their phone directory is still up, and it has plenty of numbers.
Check out my 1337 website. www.freewebs.com/billzwensky

Offline rbcp

  • Head Custodian
  • Administrator
  • Ninja Phone Loser
  • *****
  • Posts: 5259
  • 1337 13V3L: +454/-81
  • I'm not stupid! I'm not stupid! Hematology!
    • Homepage
Re: Legality of pranks.
« Reply #18 on: April 13, 2007, 06:08:34 AM »
This is sort of off topc, but I hear alot of things about not posting numbers on this website. Then what about phonelosers.net? Their phone directory is still up, and it has plenty of numbers.

Nobody visits phonelosers.net.