[VoiceOps] Call Recording Laws in the US
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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