electronic surveillance legality -- was Mains powered very low power transmitter

[Rob Votin]

Hello
could anyone tell me what the actuall law (in the US anyway) is
regarding "covert listening" i.e. a listening bug type device?

I seem to recall something about it being illegal only if both parties
in the conversation are unaware that they are being recorded (but I
could be totally wrong).

For instance, what if you record conversations between yourself and
another person on your own telephone? Or if you plant a "bug" inside
your own home to listen/record yourself and a guest? Is that illegal?

I'm sure we all have strong *opinions* about this, but could anyone
tell me what the actual *law* is? Thanks a bunch!
Rob

 

[Walter Harley]

[...]
For instance, what if you record conversations between yourself and
another person on your own telephone? [...]

I'm sure we all have strong *opinions* about this, but could anyone
tell me what the actual *law* is? Thanks a bunch!

From Wikipedia, http://en.wikipedia.org/wiki/Telephone_tapping:

"Under United States federal law and most state laws there is nothing
illegal about one of the parties to a telephone call recording the
conversation, or giving permission for calls to be recorded or permitting
their telephone line to be tapped. However, several states (i.e.,
California, Connecticut, Florida, Illinois, Maryland, Massachusetts,
Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington)
require that all parties consent when one party wants to record a telephone
conversation."

There is quite a bit more info to be had on this particular topic by
Googling "phone tap state law" (without the quotes).

 

[blarggstar]

Copied straight from this URL:
http://answers.google.com/answers/threadview?id=535840

They also give reference to this
URL:http://www.rcfp.org/handbook/c03p01.html

There are two types of states where wire recording is concerned:

A ONE PARTY STATE means one party to the telephone conversation has to
have knowledge and give consent before the recording can legally
occur.

In a TWO PARTY STATE, all parties must have knowledge and give consent
before the recording can legally occur.

"Of the 50 states, 38, as well as the District of Columbia, allow you
to record a conversation to which you are a party without informing
the other parties you are doing so. Federal wiretap statutes also
permit one-party-consent recording of telephone conversations in most
circumstances. Twelve states forbid the recording of private
conversations without the consent of all parties. Those states are
California, Connecticut, Florida, Illinois, Maryland, Massachusetts,
Michigan, Montana, Nevada, New Hampshire, Pennsylvania and
Washington."
HANDBOOK: SURREPTITIOUS RECORDING
http://www.rcfp.org/handbook/c03p01.html


The origin of the call (intrastate, interstate, international, etc) is
irrelevant. The STATE laws where the recording is taking place largely
determine the legality of the matter. So, as you can see, the
recording of a wire conversation is legal in EVERY state provided the
proper notifications are met.

Having said that, here is the list of states and the type of state
they are with regard to recording wire conversations - in other words,
which states allow someone to secretly record a conversation without
the other person's knowledge or consent, and which states allow
conversations to be recorded so long as the non-recording party is
notified and gives his or her permission to be recorded:

Alabama: One Party
Alaska: One party
Arizona: One Party
Arkansas: One Party
California: Two Party
Colorado: One party
Connecticut: Two Party
Delaware: Two Party
District Of Columbia :One Party
Florida: Two Party
Georgia: One Party
Hawaii :One Party
Idaho: One Party
Illinois: Two Party
Indiana One Party
Iowa One Party
Kansas: One Party
Kentucky One party
Louisiana One Party
Maine: One Party
Massachusetts Two Party
Maryland Two Party
Michigan Two party
Minnesota One Party
Mississippi One Party
Missouri: One Party
Minnesota: One Party
Montana: Two-party
Nebraska: One Party
Nevada: One Party
New Hampshire Two Party
New Jersey: One Party
New Mexico: One Party
New York: One Party
North Carolina: One Party
North Dakota One Party
Oklahoma: One Party
Oregon One Party
Ohio One Party
Pennsylvania Two Party
Rhode Island: One Party
South Carolina One Party
South Dakota: One Party
Tennessee One Party
Texas One Party
Utah One Party
Vermont One Party
Virginia One Party
West Virginia: One Party
Washington Two Party
Wisconsin One Party
Wyoming: One party