Sometimes You Can Tape, Sometimes You Can’t

Published 8/17/04

It’s very easy for someone to say, “That’s against the law” or “You can’t do that.” That doesn’t make it so, no matter how common-sensical it seems.

Specifically, in 38 states you can record a conversation you have with someone else on the phone without telling them. (This is sometimes called “one-party consent.”) The other 12 states require that everyone in the conversation — usually two people, but possibly more — be aware that it’s being taped.

So if you’re in California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania or Washington — or calling someone in one of those states — you need consent of the other person.

But if you’re in any of the remaining 38 states, you can legally tape a conversation with someone who is also in one of those 38 states.

Just so you know.

The Reporters Committee for Freedom of the Press has a great Web site with more info.

The Fray

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