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Re:CopBlock.org Founder Faces 21 Years in Prison for Reporti... by _delirium on Sunday August 05, 2012 @06:05PM (#4342817)
It's something of a relic of early-20th-c debates on wiretapping. Some states came to the conclusion that it's "wiretapping" unless both sides of a conversation agree, which has a certain privacy-law type feel to it. In other states, it's only wiretapping if you're doing it unbeknownst to both participants, which is closer to the normal definition of wiretapping, looking more at the "sneaking onto a phone line you don't belong on" aspect rather than privacy concerns.

It can produce some oddities in companies as well. It's now assumed that a corporation can read employees' email, for example, or record their internet or IM traffic. But in a two-party-consent state, it would be illegal for your employer to record telephone calls made from your office phone, unless they get the consent of each person you talk to.

Re:CopBlock.org Founder Faces 21 Years in Prison for Reporti... by mikeash on Sunday August 05, 2012 @06:29PM (#4342883)
> But in a two-party-consent state, it would be illegal for your employer to record telephone calls made from your office phone, unless they get the consent of each person you talk to.

My understanding is that the most restrictive state applies, so you don't even have to be in a two-party state, you just need to be calling one.

In any case, this is why every call center you talk to says "this call may be recorded" when you first connect. It's not just a courtesy!

Re:CopBlock.org Founder Faces 21 Years in Prison for Reporti... by tedunangst on Monday August 06, 2012 @04:07AM (#4344370)
I've been told the opposite. If your call is interstate, then federal rules (one party consent) apply.
Re:CopBlock.org Founder Faces 21 Years in Prison for Reporti... by mikeash on Monday August 06, 2012 @09:10AM (#4345010)
According to this page, it's not 100% clear or consistent, but the more restrictive state's laws applying is definitely a possibility: http://www.rcfp.org/can-we-tape/interstate-phone-calls