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

[Peter Beckman]

On Wed, 28 Jan 2009, Steve Totaro wrote:

> Back on topic.  I am no lawyer, but I think a disclaimer is fine,
> maybe signed prior to giving the customer a listing of the laws, state
> by state.

  Interesting.  Nitzan emailed me (thanks!) and reminded me that Grand
  Central offers call recording.  I read their Terms of Service and here's
  all they said about it:

     RECORDING CONVERSATIONS

     GrandCentral provides a function that allows Subscriber to record
     individual telephone conversations. The laws regarding the notice and
     notification requirements of such recorded conversations vary by state
     to state. Subscriber is responsible for applying the local laws in the
     relevant jurisdiction when using this feature.

  and

     INDEMNIFICATION

     Subscriber shall indemnify and hold harmless GrandCentral, its
     directors, officers, employees and agents from and against all
     liabilities, losses, costs, expenses (including reasonable attorneys'
     fees), and damages resulting from any negligent acts, omissions or
     willful misconduct by Subscriber, Subscriber's use of the Services
     and/or any breach of the terms and conditions of this Agreement by
     Subscriber.

  and

     RULES AND REGULATIONS [portions omitted]

         * Subscriber shall be solely liable for any transmissions sent
           through the Service. GrandCentral has no control over the content
           of any transmission nor will it be liable for such content.

     Subscriber agrees to abide by all applicable local, state, national,
     foreign and international laws and regulations and is solely
     responsible for all acts or omissions that occur under Subscriber's
     account or password, including the content of Subscriber's
     transmissions through the Service.


  I'm guessing Google's lawyers spent extra special time after acquisition
  of GrandCentral to make sure the Terms were solid.  Again, I'm assuming
  here, but it does pretty much cover:

     * You can record, but YOU are responsible for following the laws
     * If you break the law with our service, you hold us harmless.
     * YOU are solely liable for any transmissions.  And you agree to follow
       the law.

  Of course, if GrandCentral gets sued, who knows how the Terms will hold up
  in court, but I really don't hear much about companies getting sued for
  enabling the recording of phone calls.  Can Radio Shack be sued because it
  sold someone a device they could plug into their phone and record calls?
  Sure, anybody can get sued, but I doubt Radio Shack would actually be
  found guilty.

  Thanks all for your replies.  I'm still listening if anyone has more to
  add!

Beckman
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Peter Beckman                                                  Internet Guy
beckman at angryox.com                                 http://www.angryox.com/
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