Call Recording Legality
The cluster focuses on debates about the legality of recording phone calls and conversations without consent, particularly one-party vs. two-party consent laws in US states like California.
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Possibly illegal (?) if the conversation happens in a jurisdiction which requires both parties need to consent to be recorded.
IANAL, but isn't that considered recording? If so, does two-party consent law come into play?
In an all-party consent state you would need everyone in the call to consent for recording to be legal, but even in one-party consent states you would still at least need OP's consent to be recording! If the user says no and they record anyway, I can't think of any state where that's legal (though the EULA probably has something covering that, unsure if that holds up in court).
Make sure if you do this that your state / province has one party recording laws. Some states only allow recording if all parties to the conversation have consented.
It's also illegal to record the expression of consent to start recording!
Recording calls without both parties' knowledge can be illegal.
Only if it is legal to do so. In some states, recordings require the knowledge and consent of both parties.
Is it legal in the US to record a phone conversation without both parties being aware they are recorded?
how are you going to get around the fact that it's illegal to record people without their consent (two party consent I believe its called) in many places?
Actually, in some states, to record conversations, two-party consent is necessary. 11 states, including California, require two-party consent. Itβs a fair assumption that an app that is vacuuming up everything someone does on a phone is potentially gathering data that would fall under two-party consent laws. Also eavesdropping is also a potential crime under common law. Itβs a murky legal area in this case, but one that certainly has some merit.