Federal law makes it unlawful to record telephone conversations except in one party consent cases which permit one party consent recording by state law. What that means is a person can record their own telephone conversations without the knowledge or consent of the other party in those states that allow one party consent.

It’s important to understand the difference between what has become known as one party consent and two party or all party consent. One party consent simply means that one party to the conversation must have knowledge and give consent to the recording. Two party or all party consent means that every party to the conversation must have knowledge and give consent to the recording.

Calls that cross states lines become complicated legal issues especially when one state is a one party consent state and the other state is an all party consent state. What has happened is that you didn’t violate the law in the one party consent state but have violated the law in the all party consent state. Moreover, since the call went across a state line, the federal laws would certainly apply. The recorder is advised to assume that the stricter state’s law would apply.

Federal law permits businesses to monitor phone calls that are business-related when the monitoring is part of the ordinary course of business. When the content of the telephone conversation is of a personal nature, the monitoring must stop. In those cases of two party consent states, this exemption may be voided.

For more information, visit the following websites:

• http://www.aclu.org/issues/cyber/phonelaw.html
• http://www.rcfp.org/taping/
• http://www.aapsonline.org/judicial/telephone.htm

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