"Twistedhed" wrote in message
...
From:
(U Know Who)
"Twistedhed" wrote in message
...
Reply to: "Uncle Hal" I don't Want To Hear From You! From: "Uncle Hal"
Don't Bother Group: rec.radio.cb Subject: saturday was great Date:
Sun, Dec 5, 2004, 7:26am (EST-1) Organization: Don't Write X-Priority: 3
X-MSMail-Priority: Normal X-RFC2646: Format=Flowed; Original
X-Complaints-To:
Just a quick update for the AKC.
There was recorded telephone conversation
between a "customer" and a keyclown
supplier.
The FCC can do nothing but contact the person. The FCC must personally
witness the infraction prior to ANY action against the offender.
Besides, you broke the law the second you began taping a telephone
conversation without the person's implicit permission and
acknowlegement.
You're not only a hypocrite when it comes to the law, you're an
uninformed hypocrite concerning the laws of the FCC that govern
communications. Educate yourself.

Twist, I *think* you might be mistaken on this

one. The way *I* understand it, it is legal to

tape a telephone conversation as long as one

of the parties is aware it is being taped.



Nope. It is illegal to tape a private conversation without the explicit
permission of the partiy OR parties being taped. In other words, it is
illegal to tape a party without their knowledge.

Basically, it prevents wire-tapping where

neither party is aware. A case in point would

be where a husband who suspects his wife of

cheating tapes her and the guy she is

cheating with, without the knowledge of either.
I know that is illegal, because we had a city

councilman do that here...he wound up getting
federal charges and felony for his

eavesdropping. But, I still think it is legal for a

person to tape another party without telling

them.

I may be wrong, but I don't think so.

Wiretapping requires a judges order,,the taping of a conversation a
person is party to does not. If I were to tape your conversation with a
third party, I would be guilty of wiretapping without a judges consent.
If I were to tape a private conversation of you and I on the telephone
without your consent and knowledge, it could not be used or submitted in
a court of law, as it was illegally obtained. One can tape a radio
conversation, as it is not private, but one may not tape a private
telephone conversation. For quick reference and recall of this topic, I
invoke the case of Newt Gingrich having his cell phone conversation
taped in Jacksonville, Fl a few years ago. While the recordings were
made public and covered what were alleged conversations concerning
alleged illegal acts, no action could be taken because of the maner in
whcih the info was obtained,,,,illegally.


Ok, whatever you think, but:

Federal law allows recording of phone calls and other electronic
communications with the consent of at least one party to the call. A
majority of the states and territories have adopted wiretapping statutes
based on the federal law, although most also have extended the law to cover
in-person conversations. Thirty-eight states and the District of Columbia
permit individuals to record conversations to which they are a party without
informing the other parties that they are doing so. These laws are referred
to as "one-party consent" statutes, and as long as you are a party to the
conversation, it is legal for you to record it. (Nevada also has a one-party
consent statute, but the state Supreme Court has interpreted it as an
all-party rule.)

Twelve states require, under most circumstances, the consent of all parties
to a conversation. Those jurisdictions are California, Connecticut, Florida,
Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire,
Pennsylvania and Washington. Be aware that you will sometimes hear these
referred to inaccurately as "two-party consent" laws. If there are more than
two people involved in the conversation, all must consent to the taping.

Regardless of the state, it is almost always illegal to record a
conversation to which you are not a party, do not have consent to tape, and
could not naturally overhear.