Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Is it illegal to live stream a phone call without permission???
10/28/08 | Self

Posted on 10/28/2008 7:45:44 AM PDT by Robe

Is it illegal to live stream a phone call without permission?.. Someone (I won't name yet) called a Senators Office and live streamed a conversation with an intern with out telling the intern he was online. Now, I know it's unethical but is it a crime????


TOPICS: Your Opinion/Questions
KEYWORDS: freelegaladvice; ohthehughvanity; thisisseries; vanity; yetanothervanity
Your comments are gratefully solicited...
1 posted on 10/28/2008 7:45:44 AM PDT by Robe
[ Post Reply | Private Reply | View Replies]

To: Robe

Laws will vary state by state.


2 posted on 10/28/2008 7:46:52 AM PDT by djf (I have dimes. Brother, can you spare a dame?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robe

Recording a call without the other person’s knowledge is illegal in many states but I think not all.


3 posted on 10/28/2008 7:47:06 AM PDT by ClearCase_guy
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robe

Depends on if the law is one or two party consent.


4 posted on 10/28/2008 7:47:25 AM PDT by SeaHawkFan
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robe

The legality varies from state to state.


5 posted on 10/28/2008 7:47:50 AM PDT by woollyone ("When the tide is low, even a shrimp has its own puddle." - Vance Havner)
[ Post Reply | Private Reply | To 1 | View Replies]

To: djf

The Senator’s office was in DC and the call originated in SC


6 posted on 10/28/2008 7:48:04 AM PDT by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Robe

Depends on the state. I guess you could call the FCC and ask.


7 posted on 10/28/2008 7:48:13 AM PDT by cripplecreek (Paying taxes for bank bailouts is apparently the patriotic thing to do. [/sarc])
[ Post Reply | Private Reply | To 1 | View Replies]

To: ClearCase_guy

>Recording a call without the other person’s knowledge is illegal in many states but I think not all.

I thought it was OK as long as one party had knowledge of the recording.


8 posted on 10/28/2008 7:48:35 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Robe
It's a USC title 18 violation and is generally a felony.

http://www4.law.cornell.edu/uscode/18/2511.html

I'm not a lawyer though, so don't take my word for it!
9 posted on 10/28/2008 7:48:41 AM PDT by hiredhand (Understand the CRA and why we're facing economic collapse - see my about page.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robe

Since you called a public official’s office, there might be a defense that a public official has no right to privacy regarding his official duties.


10 posted on 10/28/2008 7:49:23 AM PDT by SeaHawkFan
[ Post Reply | Private Reply | To 1 | View Replies]

To: djf

Don’t worry about it. If you upload it to YouTube...just use a proxy.


11 posted on 10/28/2008 7:50:56 AM PDT by RushIsMyTeddyBear
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeaHawkFan
Since you called a public official’s office, there might be a defense that a public official has no right to privacy regarding his official duties. An intern is not a public official....
12 posted on 10/28/2008 7:51:06 AM PDT by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
[ Post Reply | Private Reply | To 10 | View Replies]

To: ClearCase_guy

In Florida it is, but “live streaming” is not recording, it’s more like broadcasting via internet. Like a conference call or a speaker phone in a room full of people listening in........


13 posted on 10/28/2008 7:51:11 AM PDT by Red Badger (My wallet is made out of depleted you-owe-mium........)
[ Post Reply | Private Reply | To 3 | View Replies]

To: OneWingedShark

Is streaming actually recording the conversation? I don’t think so. it’s just like leaving the speaker phone on and allowing others to hear it.

If others record it, you have no control over that.


14 posted on 10/28/2008 7:52:03 AM PDT by Nathan Zachary
[ Post Reply | Private Reply | To 8 | View Replies]

To: Robe

It depends on the state, but most state laws covers the recording the call. So live streaming may not be covered.


15 posted on 10/28/2008 7:52:37 AM PDT by stockpirate (Use your brain, vote McCain!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robe

in most states, if a conversation occurs between two parties, A & B, and A or B records it; that’s fine. if a person, not involved in the conversation, records the conversation without the consent of A or B, you have problems.


16 posted on 10/28/2008 7:52:44 AM PDT by robomatik ((wine plug: renascentvineyards.com cabernet sauvignon, riesling, and merlot))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robe

“I will pass your comments along to the Senator. Thank you.”


17 posted on 10/28/2008 7:53:56 AM PDT by 3AngelaD (They screwed up their own countries so bad they had to leave, and now they're here screwing up ours.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robe

Provided that this PDF is updated & correct, one party consent to phone conversation recording is legal in SC, so no worries.

http://www.claimspages.com/documents/docs/9002R.pdf


18 posted on 10/28/2008 7:54:12 AM PDT by conservative_guyz
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nathan Zachary
It's legal if you are a retired couple sitting in your car and mistakenly capture a communication from a Republican official and then think it would be fun to send it to your son who just happens to work for a Democrat.
19 posted on 10/28/2008 7:54:48 AM PDT by shadeaud (Let's git er done)
[ Post Reply | Private Reply | To 14 | View Replies]

To: RushIsMyTeddyBear
A good proxy network to use is privoxy the vidalia project.

http://www.vidalia-project.net/

20 posted on 10/28/2008 7:55:16 AM PDT by Nathan Zachary
[ Post Reply | Private Reply | To 11 | View Replies]

To: Robe

It’d be a felony in Florida if you didn’t have the consent of the other party to the call.


21 posted on 10/28/2008 7:56:21 AM PDT by King of Florida (A little government and a little luck are necessary in life, but only a fool trusts either of them.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nathan Zachary

The key point of these laws is the expectation of privacy on the part of the other party to the call, so any difference between live streaming and recording is not much of a distinction.


22 posted on 10/28/2008 7:58:02 AM PDT by King of Florida (A little government and a little luck are necessary in life, but only a fool trusts either of them.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: King of Florida

Radio stations do it all the time. I’ve never heard of anyone of them getting sued for not informing the person they humiliate prior to airing the call.


23 posted on 10/28/2008 8:01:59 AM PDT by Nathan Zachary
[ Post Reply | Private Reply | To 22 | View Replies]

To: djf

Exactly. Totally depends on the state. In some only one party needs to know it’s being done, in others both do.


24 posted on 10/28/2008 8:04:21 AM PDT by Klepto
[ Post Reply | Private Reply | To 2 | View Replies]

To: Robe

There may be no law settled on the matter.


25 posted on 10/28/2008 8:11:14 AM PDT by Camel Joe (liberal=socialist=royalist/imperialist pawn=enemy of Freedom)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nathan Zachary

That’s because they presumably get their permission beforehand.


26 posted on 10/28/2008 8:13:15 AM PDT by King of Florida (A little government and a little luck are necessary in life, but only a fool trusts either of them.)
[ Post Reply | Private Reply | To 23 | View Replies]

To: Robe
An intern is not a public official....

In this instance, they would be. S/he is working in a public official's office. Whether they are getting paid is irrelevant.

27 posted on 10/28/2008 8:28:17 AM PDT by SeaHawkFan
[ Post Reply | Private Reply | To 12 | View Replies]

To: Robe

Yep, against the law.

full disclosure, and “you’re on the air” must preceed a broadcast telephone call.

http://www.fcc.gov/eb/Orders/2004/DA-04-2543A1.html
for reference...


28 posted on 10/28/2008 8:29:11 AM PDT by petro45acp (NO good endeavor survives an excess of "adult supervision" (read bureaucracy)!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robe

Most states are “One Party” states, where if one party consents to recording it is legal. DC and SC are both “One Party” jurisdictions. Crossing state lines the Federal requirement - again “One Party” could apply. The recording is legal. you can also say something silly at the beginning like “for training and quality purposes calls may be randomly recorded” and you are covered basically anywhere.


29 posted on 10/28/2008 8:29:35 AM PDT by cqnc (Vote for the ex-POW; Don't BECOME one!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robe

One could easily gather fun conversations from a campaign staff using a homemade esn grabber carried to campaign events and then setting up automated equipment to record calls to the captured esn’s.

It’s pretty easy to clone an old cell phone to someones esn and automatically record their phone calls. You can find full details on the net if you look for it. Best bet would be to post to a usenet server via an anonymizing chain while using an open public wifi access point so it can’t be traced to you and then just reference the publicly available recording on a blog posting made anonymously.

You need above average intelligence to pull off stuff like this and not leave clues to your identity...so it’s not for the average Joe to play with. Without detailed planning you will leave a trail any investigator can follow to your door. There are just so many tracks we make while doing anything in this technological age.

There are so many fun things one could do...alas I’m saddled with a strong moral code and therefore left out of all the fun.


30 posted on 10/28/2008 8:30:00 AM PDT by Bobalu (Obama cannot win without the kind of people that Palin appeals to.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robe

Now you have all of us wondering....if you’re worried about the actual conversation then at least transcribe it into writing and let us know...that might make us REALLY WANT TO GET THE REAL AUDIO OUT!!!!!


31 posted on 10/28/2008 8:30:25 AM PDT by WIright
[ Post Reply | Private Reply | To 1 | View Replies]

To: shadeaud
It's legal if you are a retired couple sitting in your car and mistakenly capture a communication from a Republican official and then think it would be fun to send it to your son who just happens to work for a Democrat.

I think they pled out in that case and McDermott owes Boehner a boatload of money in a decision upheld by the USSC.

32 posted on 10/28/2008 8:30:52 AM PDT by SeaHawkFan
[ Post Reply | Private Reply | To 19 | View Replies]

Comment #33 Removed by Moderator

To: King of Florida
That’s because they presumably get their permission beforehand.

Not with prank/crank calls. However, our local station does require the person requesting the crank to sign a form that says if the station gets sued, the crank requestor gets sued along with them.

34 posted on 10/28/2008 8:32:11 AM PDT by IYAS9YAS
[ Post Reply | Private Reply | To 26 | View Replies]

Comment #35 Removed by Moderator

To: IYAS9YAS
Not with prank/crank calls. However, our local station does require the person requesting the crank to sign a form that says if the station gets sued, the crank requestor gets sued along with them.

I think most of those calls are recorded in advance and they get permission to broadcast them after the call. It's a smart move.

36 posted on 10/28/2008 8:35:10 AM PDT by SeaHawkFan
[ Post Reply | Private Reply | To 34 | View Replies]

To: Robe

28 is correct ONLY if broadcast LIVE over an FCC licensed US radio or television station. Once you make a single party consent recording (you consented, right?)it is yours to disseminate however you choose. Uploading via a proxy is still good, because, like Joe the Plumber, you may end up a celebrity yourself.


37 posted on 10/28/2008 8:35:21 AM PDT by cqnc (Vote for the ex-POW; Don't BECOME one!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robe

I would say that since the call was from/to a PUBLIC SERVANT acting in their official capacity that a right to privacy is not to be expected. Upload it and post it on youtube.


38 posted on 10/28/2008 8:36:17 AM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat. And so is Obama.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Robes

If you put it up on YOUTUBE, try to put some video with it, such as captioning the words...will make it more effective.


39 posted on 10/28/2008 8:39:24 AM PDT by WIright
[ Post Reply | Private Reply | To 38 | View Replies]

To: hiredhand

It’s a USC title 18 violation and is generally a felony.

http://www4.law.cornell.edu/uscode/18/2511.html

I’m not a lawyer though, so don’t take my word for it!


I won’t. Recording your own phone call is not “interception” of a call under federal law.

Some states require notice to the second party, but many (most?) do not.

http://www.callcorder.com/phone-recording-law-america.htm

The U.S. 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 have also extended the law to cover in-person conversations. 38 states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so.

12 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.

It is illegal under all jurisdictions to record calls in which one is not a party.

A complete state-by-state set of regulations regarding telephone call recording may be obtained in the following report published by The Reporters Committee for Freedom of the Press:

http://www.rcfp.org/taping/states.html

(Google is a wonderful thing: “south carolina phone call recording law”)


40 posted on 10/28/2008 8:40:56 AM PDT by Atlas Sneezed (Guns don't kill people, criminals and the governments that create them do.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: WIright; All
To clear the record ..
1.NO Iam not the one making the call.
2.No I am not the one who live streamed the conversation.
3.The guy who DID is a Freeper.
4.He was a jerk, not satisfied in the usual "“I will pass your comments along to the Senator. Thank you.”and harried the kid. 5.He asked for the kids name.. the kid told him A listener called the kid and informed him that he was being live streamed on the previous callers web site. All I have to say is this ..
If you have an issue with a public figure, have the balls to write him a letter and not publicly brow beat a intern who is not even getting paid. As a freeper this really pi$$es me off , we're better that that...
41 posted on 10/28/2008 9:10:50 AM PDT by Robe (Rome did not create a great empire by talking, they did it by killing all those who opposed them)
[ Post Reply | Private Reply | To 31 | View Replies]

To: sandyeggo

>Some states, such as CA, require both parties to be notified.

Does where the call originates affect which state’s laws apply? Or do Both states’s laws apply?


42 posted on 10/28/2008 10:41:35 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 33 | View Replies]

Comment #43 Removed by Moderator

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson