Can You Record Wireless Phone Conversations?
For many years, there has been debate about the effect of recording and listening in on phone calls versus the right to privacy. The popularity of cell phones adds another level to the questions that arise from this issue.
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Federal Wiretap Laws
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In 1994, federal wiretap laws were amended to include language concerning cellular phones. According to the laws, cell phone conversations can be recorded, provided that one party consents, but cannot be eavesdropped on.
Ramifications of the Federal Wiretap Laws
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According to the federal laws, a person has the legal right to record her own cell phone calls; however, she cannot record someone else's without the permission of at least one of the people participating in the cell phone conversation. It is also illegal to listen in to both sides of a cell phone conversation via a recording device without the knowledge of either party in the conversation.
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State Laws and Consent
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Some states offer a narrower view than those of the federal government by making it necessary to obtain the permission of both parties to the conversation. There are no states where it is legal to record a conversation without either party's knowledge.
Criminal Charges
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Every state imposes criminal penalties for violating telephone privacy laws.
Civil Charges
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All but 14 states allow civil charges to be filed by people who are victims of the unlawful recording of their cell phone conversations.
Additional Penalties
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With the exception of nine states, most state phone laws impose added penalties on people who record calls and then publish, broadcast or publicly disclose the information contained in the calls.
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