[asterisk-biz] Call Recording and Legal Issues in the US

[Ken Rice]

Also remember one thing here... As a Carrier, you can claim a common carrier
exemption to torts your client may commit. This is the same principal that
keeps FedEx or UPS out of trouble when someone ships drugs from California
to New York... The same principals were extended to the telecom arena...
However since I doubt a lawyer is actually on this list, you should seek
competent legal counsel from a qualified telecommunications lawyer.

Ken


> From: Matt Florell <astmattf at gmail.com>
> Reply-To: Commercial and Business-Oriented Asterisk Discussion
> <asterisk-biz at lists.digium.com>
> Date: Wed, 28 Jan 2009 14:56:00 -0500
> To: Commercial and Business-Oriented Asterisk Discussion
> <asterisk-biz at lists.digium.com>
> Subject: Re: [asterisk-biz] Call Recording and Legal Issues in the US
> 
> Hello,
> 
> While there is only a requirement of single-party notification that a
> conversation is being recorded at the federal level, there are 12
> states in the USA that have a requirement that all parties in a phone
> call must be notified that a call is recorded. Here is the list of
> those states:
> - California
> - Connecticut
> - Florida
> - Illinois
> - Maryland
> - Massachusetts
> - Michigan
> - Montana
> - Nevada
> - New Hampshire
> - Pennsylvania
> - Washington
> 
> All of the states above allow for criminal charges, and all but
> Montana allow for Civil penalties as well. The penalties vary from
> state-to-state, but often depend on what was done with the recording
> if it has even been kept.
> 
> MATT---
> 
> 
> 
> On 1/28/09, SIP <sip at arcdiv.com> wrote:
>> The answer is that, unfortunately for you, you can be sued regardless of
>>  what sort of waiver your customer signs. The argument being that your
>>  customer may not know all the applicable laws regarding his rights in
>>  the situation before he signs the waiver (waivers are not terribly
>>  effective protection in court).
>> 
>>  Whether or not whomever is suing you will WIN the suit will rely mostly
>>  on the law, and you may or may not come out okay in a legal position,
>>  but the ensuing costs of fighting the legal battle CAN lead to a
>>  bankruptcy situation.  And, of course, if you're seeking funding rounds
>>  or business loans, no one will want to give money to a company that may
>>  lose it all in a legal battle.
>> 
>>  Unless you're absolutely certain of the laws of the states in which you
>>  do business, I would recommend against aiding in the recording of calls
>>  by customers.
>> 
>>  N.
>> 
>> 
>> 
>>  Peter Beckman wrote:
>>> I'm aware that in some states and in some cases there are differing rules
>>> about who and when a caller or callee can or cannot record a phone call.
>>> 
>>> As a service provider, I can easily enable my users to record calls on
>>> demand, for only some of calls, or for all calls.
>>> 
>>> The question is, do I need to, in our Terms of Service, specifically say
>>> 
>>>      "The user is responsible for following all applicable laws regarding
>>>      call recording.  The user will hold harmless Company and its vendors
>>>      partners and subsidiaries for violations of any laws regarding call
>>>      recording."
>>> 
>>> Or would we be covered by a general you can't sue us clause.
>>> 
>>> Please -- no conjecture, only reply if you actually know from a good legal
>>> source the answer.
>>> 
>>> Beckman
>>> ---------------------------------------------------------------------------
>>> Peter Beckman                                                  Internet Guy
>>> beckman at angryox.com                                 http://www.angryox.com/
>>> ---------------------------------------------------------------------------
>>> 
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