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To: Beaten Valve

Wisconsin:

“If the person who records the wire, electronic, or oral communication is a party to the conversation or has obtained prior consent from one party, he may lawfully record and divulge the contents of the communication, unless he does so for the purpose of committing a criminal or tortious act. Wis. Stat. § 968.31.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Wis. Stat. § 968.27.

Wisconsin law expressly authorizes civil damages for violations and allows recovery of the greater of actual damages, $100 for each day of violation or $1,000, along with punitive damages, litigation costs, and attorney fees. Wis. Stat. § 968.31.

Recording a communication without consent is criminally punishable by up to six years in prison and/ or a $10,000 fine. Wis. Stat.§ 939.50.”

>>unless he does so for the purpose of committing a criminal or tortious act<<<

Arguably, passing oneself off as someone you’re not is fraud, ie a tortious act.


24 posted on 02/23/2011 8:44:47 AM PST by reagandemocrat
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To: reagandemocrat

Maybe we should up the fines for prank phone calls to the death penalty - as a deterrent.... :)


77 posted on 02/23/2011 1:18:08 PM PST by jd777
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