[VoiceOps] Call Recording Laws in the US

Matt Yaklin myaklin at g4.net
Wed Jan 13 15:36:03 EST 2010

How does being an ITSP differ from a traditional telephone
service provider when it comes to call recording laws? It would
seem precedent has been set in the past for these types of
activities. What those precedents are, I have no idea, but just
because the call goes over "the internet" versus a copper pair
to the local central office would not change things in my opinion.

Or am I too naive when it comes to this topic? I imagine if I was
a Fairpoint retail customer of a POTS and I called and asked about
this topic they would tell me to get a lawyer and otherwise ignore

As an employee of an ISP I would never tell a customer you can record
but please follow the laws. I would say consult a lawyer.


On Wed, 13 Jan 2010, Peter Beckman wrote:

> So I've been thinking about call recording laws recently and wanted to get
> some feedback.
>    1. As an ITSP, are we held liable for enabling our customers to
>       potentially illegally record a phone call in states where all-party
>       notification is required?  Or is it solely on the party who did the
>       illegal recording?
>    2. Interstate phone calls get tricky -- it may be legal for
>       single-party notification in the originating or terminating state, but
>       illegal in the other.
>    3. When a California resident has a California phone number (a state
>       which requires all-party notification and consent of call recording)
>       receives a call when physically in Oregon, which law applies -- CA
>       or OR?  Assuming the caller is in a single-party consent state.
> Makes things kinda difficult -- I guess it is simply easier for the ITSP to
> say "hey, you can record, but follow the laws." and hope we don't get mixed
> up in it.
> ---------------------------------------------------------------------------
> Peter Beckman                                                  Internet Guy
> beckman at angryox.com                                 http://www.angryox.com/
> ---------------------------------------------------------------------------
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