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Highlights from the Legal Guide: Liability for the Use of Recording Devices

Posted March 25th, 2008 by CMLP Staff

This is the seventh in a series of posts calling attention to topics we cover in the Citizen Media Legal Guide. In this post, we highlight the section on Recording Phone Calls, Conversations, Meetings and Hearings, which discusses federal and state laws relating to the use of recording equipment in specific private and semi-public settings. We also provide some practical tips for using recording devices, which should help you steer clear of legal trouble.

Using a recording device, such as a microphone, video recorder, or camera, is often a helpful way to capture and preserve information about conversations, interviews, and phone calls in which you participate. It is also a good way to document what takes place in a court hearing or public meeting, whether for personal reference or later broadcast over the Internet.

Where you do your recording, and what you record, will largely dictate what legal limitations apply to your recording activities. It may also be the case (in fact, it is quite likely) that more than one set of laws or limitations might apply to your use of recording equipment. Before concluding that your activities are in the clear, you should read all of the sections listed below that might apply, as well as the section on Gathering Private Information elsewhere in this guide.   read more »

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Washington Recording Law

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Note: This page covers information specific to Washington. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.

Washington Wiretapping Law

Washington's wiretapping law is a "two-party consent" law. Washington makes it a crime to intercept or record a private telephone call, in-person conversation, or electronic communication unless all parties to the communication consent. See Wash. Rev. Code § 9.73.030(1). Whether a conversation or other communications is "private" depends on a number of case-specific factors, such as the subjective intention of the parties, the reasonableness of their expectation that the conversation would be private, the location of the conversation, and whether third parties were present. State v. Townsend, 57 P.3d 255, 259 (Wash. 2002). You should always get the consent of all parties before recording any conversation that common sense tells you is private.   read more »

Last updated on April 18th, 2008

Virginia Recording Law

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Note: This page covers information specific to Virginia. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.

Virginia Wiretapping Law

Virginia's wiretapping law is a "one-party consent" law. Virginia makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Virginia Code § 19.2-62. Therefore, if you operate in Virginia, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

The wiretapping law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectations." See Virginia Code § 19.2-61. Therefore, you may be able to record in-person conversations occurring in a public place, such as a street or restaurant, without consent. But you should seek the consent of one or all of the parties before recording any conversation that an ordinary person would deem private.   read more »

Last updated on April 18th, 2008

Texas Recording Law

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Note: This page covers information specific to Texas. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.

Texas Wiretapping Law

Texas's wiretapping law is a "one-party consent" law. Texas makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Texas Penal Code § 16.02 (link is to the Penal Code; you need to choose Chapter 16 and then the specific provision). Therefore, if you operate in Texas, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.   read more »

Last updated on April 18th, 2008

Pennsylvania Recording Law

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Note: This page covers information specific to Pennsylvania. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.

Pennsylvania Wiretapping Law

Pennsylvania's wiretapping law is a "two-party consent" law. Pennsylvania makes it a crime to intercept or record a telephone call or conversation unless all parties to the conversation consent. See 18 Pa. Cons. Stat. § 5703 (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter B, and then the specific provision).

The law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectation." See 18 Pa. Cons. Stat. § 5702 (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter A, and then the specific provision). Therefore, you may be able to record in-person conversations occurring in a public place without consent. However, you should always get the consent of all parties before recording any conversation that common sense tells you is private.   read more »

Last updated on April 18th, 2008

Ohio Recording Law

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Note: This page covers information specific to Ohio. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.

Ohio Wiretapping Law

Ohio's wiretapping law is a "one-party consent" law. Ohio law makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Ohio Rev. Code § 2933.52. Thus, if you operate in Ohio, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

Additionally, consent is not required for oral communications (e.g., in-person conversations) where the speakers does not have a reasonable expectation of privacy in the communication. See Ohio Rev. Code § 2933.51. This means that you are free to record a conversation happening between two people in a public place such as a street or a restaurant, so long as you are not using sensitive recording equipment to pick up what you otherwise would not hear.

In addition to subjecting you to criminal prosecution, violating the Ohio wiretapping law can expose you to a civil lawsuit for damages by an injured party.   read more »

Last updated on April 18th, 2008

North Carolina Recording Law

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Note: This page covers information specific to North Carolina. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.

North Carolina Wiretapping Law

North Carolina's wiretapping law is a "one-party consent" law. North Carolina makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. N.C. Gen. Stat. § 15A-287. Thus, if you operate in North Carolina, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

In addition to subjecting you to criminal prosecution, violating the North Carolina wiretapping law can expose you to a civil lawsuit for damages by an injured party. N.C. Gen. Stat. § 15A-296.   read more »

Last updated on April 18th, 2008

New York Recording Law

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Note: This page covers information specific to New York. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.

New York Wiretapping Law

New York's wiretapping law is a "one-party consent" law. New York makes it a crime to record to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents. N.Y. Penal Law §§ 250.00, 250.05. (link is to the entire code, you need to click on the Penal Code section, then choose Article 250 and locate the specific provisions). Thus, if you operate in New York, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

Consult the Reporters Committee for Freedom of the Press's Can We Tape?: New York for more information on New York wiretapping law.

New York Law on Recording Court Hearings and Public Meetings

Court Hearings   read more »

Last updated on April 18th, 2008

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