[VoiceOps] Call Recording Laws in the US

Peter R. peter at 4isps.com
Wed Jan 13 16:05:33 EST 2010

In many cases, the call recording is provided by the softswitch or 
conference bridge by the ITSP.
ILEC's don't provide call recording on TDM.

Matt Yaklin wrote:
> 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
> me.
> 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.
> matt
> 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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