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.

πŸ“‰ Falling 0.4x Legal
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Keywords

EULA e.g US OP twitter.com PHI en.m IANAL EDIT HIPAA consent recording record recorded party states parties illegal legal conversation

Sample Comments

hasd9709 β€’ May 8, 2018 β€’ View on HN

Possibly illegal (?) if the conversation happens in a jurisdiction which requires both parties need to consent to be recorded.

aynyc β€’ Mar 14, 2023 β€’ View on HN

IANAL, but isn't that considered recording? If so, does two-party consent law come into play?

mackmgg β€’ Sep 7, 2022 β€’ View on HN

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).

Spoom β€’ Apr 8, 2019 β€’ View on HN

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.

hgsgm β€’ Jan 3, 2023 β€’ View on HN

It's also illegal to record the expression of consent to start recording!

mLuby β€’ May 9, 2018 β€’ View on HN

Recording calls without both parties' knowledge can be illegal.

jffry β€’ Aug 5, 2013 β€’ View on HN

Only if it is legal to do so. In some states, recordings require the knowledge and consent of both parties.

kyriakos β€’ Oct 11, 2016 β€’ View on HN

Is it legal in the US to record a phone conversation without both parties being aware they are recorded?

_m8fo β€’ Jul 27, 2017 β€’ View on HN

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?

briandear β€’ Jan 30, 2019 β€’ View on HN

Actually, in some states, to record conversations, two-party consent is necessary. 11 states, including California, require two-party consent. It’s 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. It’s a murky legal area in this case, but one that certainly has some merit.