[asterisk-biz] Recording Consent (was: Re: [asterisk-users] snom 360: how to make record button working ?)

Henry.L.Coleman henry.coleman at voip-pbx.ca
Thu Oct 5 14:14:38 MST 2006


In Canada, as long as one party knows the conversation is being recorded
then its okay to record the conversation
Henry L.Coleman CEO
*VoIP-PBX* 1-866-415-5355
Toronto Ontario
Canada


> 	That page is useful for determining whether other parties must consent
> to recordings on a call with all endpoints of *a wired line* in a single
> state. Because then the state law applies to every part of the call,
> without other state jurisdictions.
>
> 	But it addresses mobile phones only as radios in discussing how
> parties' consent governs recording permission. It doesn't address what
> happens when a mobile caller is in a state with different consent
> requirements than another caller. And by extension (puns intended ;),
> VoIP, where the geographical location of the caller can be hard to
> prove, hard to even determine at all, and maybe hard to even be definite
> in reality. What about when the recording Asterisk box is in a different
> state, across the Internet, from the different people talking? And then
> there's government "privileges", like the current controversy over NSA
> wiretapping of people in different locations? And related jurisdiction
> questions about governing calls passing through American
> networks/servers, whose callers aren't even in the US? Do new Internet
> gambling laws inform the structural policies?
>
> 	I expect that no one knows the answers to what a judge would say if
> these recordings were introduced in a court, except in the simple case
> of a single state with fixed terminals. Unfortunately, I expect this
> list will see a lot of that education getting delivered over the next
> several years at very high cost to everyone involved.
>
>
> On Thu, 2006-10-05 at 10:01 -0700,
> asterisk-users-request at lists.digium.com wrote:
>> Date: Thu, 5 Oct 2006 11:10:00 -0400
>> From: "Jay R. Ashworth" <jra at baylink.com>
>> Subject: Re: [asterisk-users] snom 360: how to make record button
>>         working ?
>> To: asterisk-users at lists.digium.com
>> Message-ID: <20061005151000.GL25559 at cgi.jachomes.com>
>> Content-Type: text/plain; charset=us-ascii
>>
>> On Thu, Oct 05, 2006 at 07:17:47AM -0400, sip wrote:
>> > That varies from location to location, really. In Georgia, for
>> instance, only
>> > ONE party need know the recording is taking place (calling or
>> receiving)
>> > without a warrant. In some countries, neither party need know, etc,
>> etc.
>>
>> This page:
>>
>>         http://www.pimall.com/nais/n.recordlaw.html
>>
>> purports to list the states that require all party consent.  It is
>> from
>> a private investigation site, and was the number one google hit, so it
>> may be reliable.  This is not legal advice; IANAL.  If my advice
>> breaks
>> something, you get to keep both pieces, unless you paid me for it.
>>
>> Cheers,
>> -- jra
>> --
>> Jay R. Ashworth
>> jra at baylink.com
>> Designer                          Baylink
>> RFC 2100
>> Ashworth & Associates        The Things I Think
>> '87 e24
>> St Petersburg FL USA      http://baylink.pitas.com             +1 727
>> 647 1274
>>
>>         "That's women for you; you divorce them, and 10 years later,
>>           they stop having sex with you."  -- Jennifer Crusie;
>> _Fast_Women_
>>
> --
>
> (C) Matthew Rubenstein
>
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