[asterisk-biz] Recording Consent

[Henry.L.Coleman]

Thats a very good question Matthew...
The person who told me this is a lawyer and he has an Asterisk system with
"on-demand" recording enabled.
I personally don't think the law needs upgrading, after all it's been
possible to record phone conversations for over 50 years, new technology
has just made it easier. It all comes down to the individuals expectation
of privacy, realistically this is zero as soon as you plug your computer
into the internet or make a phone call (voip or not).
At some future time we may all have privacy chips imbedded in our heads
that will enable an unbreakable encription code to transmit our
communications.

Henry L.Coleman CEO
*VoIP-PBX* 1-866-415-5355
Toronto Ontario
Canada


> 	Ah, but is it legal to replay it? Everywhere? Because I can see
> copyrights being invoked to protect people, as well as "self
> incrimination", at least in the US with a top-notch lawyer. Especially
> with the jurisdictional questions so messy. When was the last time
> Canada "upgraded" its telecom laws covering these kinds of recordings?
> When's the next time scheduled?
>
>
> On Thu, 2006-10-05 at 17:14 -0400, Henry.L.Coleman wrote:
>> 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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>
> (C) Matthew Rubenstein
>
>
>