Court OKs Covert iPhone Audio Recording 215
Tootech writes "Using an iPhone to secretly record a conversation is not a violation of the Wiretap Act if done for legitimate purposes, a federal appeals court has ruled. 'The defendant must have the intent to use the illicit recording to commit a tort of crime beyond the act of recording itself,' the 2nd US Circuit Court of Appeals ruled. Friday's decision, which involves a civil lawsuit over a secret audio recording produced from the 99-cent Recorder app, mirrors decisions in at least three other federal appeals courts."
It's still illegal in Illinois (Score:4, Informative)
It doesn't break Federal law, but it may be against state law. Recording someone without their consent is a felony in Illinois, and probably other states as well.
Re:Most states already have an "either party" stat (Score:4, Informative)
There are twelve 2-party states out there, and some of them are big ones like California and Florida. And calling a two-party state from a one-party state does mean you need to follow the laws of both states.
Check your local rules before you start recording.
Re:Most states already have an "either party" stat (Score:5, Informative)
Re:Most states already have an "either party" stat (Score:1, Informative)
I admin phone systems in several states, including both 1 and 2 party states, and I hate to tell you this but you're breaking the law. You're not breaking Ohio law, but you're breaking the laws in the 2 party states. You could technically be extradited, but it's unlikely. However, do you really want a bench warrant issued against you in each of a dozen states?
Re:Recording police? (Score:5, Informative)
It's never been illegal to record police in public. That hasn't stopped certain corrupt police departments and district attorneys from persecuting people who do so, of course, but they've used twisted logic, not actual law, to make their cases. Radley Balko at Reason has done a number of excellent exposes on this problem.
Re:It's still illegal in Illinois (Score:3, Informative)
Blago's getting only 5 years for what he did.
No, Illinois, you've guys have turned dirty pool into stagecraft.
Re:Most states already have an "either party" stat (Score:4, Informative)
Re:Recording police? (Score:1, Informative)
Hell, does this pave the way to just simply record everyone in public, all of the the time, and just say you no longer have any real expectation of privacy anymore?
If you are IN PUBLIC you already have zero expectation of privacy, the SCOTUS has confirmed this previously, not sure why you are surprised...
Re:iphone, iphone, iphone, iphone... (Score:3, Informative)
Why is it important that the recording was performed with this particular device?
It isn't. It's a WIRED-vertisement, and now a slashvertisement as well.
Re:Most states already have an "either party" stat (Score:3, Informative)
Absolutely false - they need to extradite you first, THEN you have a trial. Not going to happen too often. So if you're in a one-party jurisdiction, record away, now that federal law outweighs the 2-party state laws for inter-state communications.
Re:It's still illegal in Illinois (Score:3, Informative)
The act becomes retroactively illegal based on subsequent illegal acts--or plans to commit illegal acts--which is just stupid.
It makes more sense if you understand the concept of mens rea. [wikimedia.org] The act does not become illegal retroactively as you say; it is illegal or not, at the time you make the recording, based on your state of mind at that same time. In other words, you're guilty if and only if you're thinking to do harm, which is actually pretty universal in criminal law (setting aside criminal negligence and "victimless crimes"). IANAL.
Re:Feetch! (Score:3, Informative)
I had a Panasonic over 15 years ago and it could record calls. It was basic and could only record for a number of seconds. I guess now it was for recording spoken addresses and phone numbers. I never used it.
My last Sony could record calls. This was 4 or 5 years ago. Horrible Sony proprietary audio file. I never used it.
My current Samsung, that's a couple of years old, can record calls. A nice mp3, on the memory card, as you'd expect. I've never used it
I've never owned a Nokia, but I guess they record calls too..?
Stop buying phones in the US, I'd say.