[VoiceOps] Call Recording Laws in the US

Jay Hennigan jay at west.net
Wed Jan 13 20:46:31 EST 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?

I'm not a lawyer, but if "enabling" is illegal then everyone working at
Radio Shack should be in jail.  http://tinyurl.com/ylg62tb

>     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.

Again not a lawyer but I seem to recall that FCC trumps local laws here.

Jay Hennigan - CCIE #7880 - Network Engineering - jay at impulse.net
Impulse Internet Service  -  http://www.impulse.net/
Your local telephone and internet company - 805 884-6323 - WB6RDV

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