Questions tagged [wiretapping]

Laws concerning monitoring and/or recording of telecommunications. Consider also the tags "recording" and "privacy."

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California: "For quality assurance, this phone call is being recorded"

In California, it is illegal to record phone calls without the consent of all parties involved. However, when you call corporate phone number, you often get a message to the effect of "For quality assurance reasons, this call is being…
Consis
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Does an Internet Service Provider rewriting TCP traffic to prevent SSL/TLS constitute wiretap?

Context: I rent two dedicated servers from a hosting provider, one on a yearly basisis, the other monthly. The Terms of Service and AUP state clearly that they are not to access the server or data contained within without a work authorization or…
Tyzoid
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When a PI is conducting surveillance, why is audio enhancement considered wiretapping

Most Texas PIs seem to consider the use of audio enhancement technology to be wiretapping. But they do not seem to consider video or photography enhancement technology to be the same. A Texas PI will use an optical zoom on a camera or video…
mark b
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Is it illegal to fetch a picture from another phone remotely after having a consent Or prior Permissions?

Me and my girlfriend are using an app that takes the access of your partners phone camera, then clicks the image & sends image back to requester. After fiddling with it, we are planning to launch a similar app(globally) under our own brand. But…
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In a two-party consent state, can I record video only (no audio) in secret?

From what I understand, the two-party consent state was born from telephone call wiretapping. Assume I am in a two-party consent state. To record audio and video, I need the other parties involved in the recording to agree. Assume I am in a public…
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What constitutes consent to record a conversation?

I would like to record a conversation with another individual (who otherwise could assume privacy). In this case Maryland requires the consent of both parties to record, as shown in the diagram below. With that said, I have read that in some States…
n00b
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California: "For quality assurance, this phone call is being recorded" Can I record them without consent then

In California, it is illegal to record phone calls without the consent of all parties involved. However, I called a corporate office and it says that "this call may be recorded for quality assurance purposes" in the beginning of the call. Now can I…
MatthewP
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Is it illegal to record a telephone conversation with any federal employee, including Social Security representatives, even with their consent?

The Social Security call center has an automated recording for each call informing the caller that their call may be recorded. There is no option for the caller to opt-out. When speaking with a Social Security supervisor who was acting very…
Claudia
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Massachusetts wiretapping law when the other party informs of possibly being recorded?

The State of Massachusetts has a wiretapping law that is describe by DMPL.com as follows: Massachusetts's wiretapping law often referred to is a "two-party consent" law. More accurately, Massachusetts makes it a crime to secretly record a…
KingsInnerSoul
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Can one use evidence obtained in NY in an MA court - specifically about wiretapping laws

New York is a one-party consent state. This means that only one party must consent to the recording of an in-person or telephone conversation. It is an E felony under New York's wiretapping law to record a conversation without at least one party's…
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What is minimum that needs to be said in order to legally record a telephone conversation?

When dealing with unscrupulous companies (especially insurance companies), I have learned that it is essential to record telephone conversations. Many times, I have been provided with grossly incorrect information, but when I later try to confront…
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Is it legal for the President of the United States to order a wiretap on a citizen of the United States?

In light of President Trump's allegations against the Obama administration: Is it legal for the President of the United States to order a wiretap and/or other federal surveillance of a citizen of the United States? Are there any qualifications…
Milo
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Wire tap law - Better Call Saul

At the season finale of Better Call Saul: Season 2. Chuck records Jimmy admitting to committing a felony. The recording was obtained without Jimmy's permission (the tape recorder was hidden). Wouldn't this recording be inadmissible in court as it…
Alex
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Is non-consented video recording admissable evidence in a civil trial in Maryland?

There is a civil case in Circuit Court in Maryland. The plaintiff in the case has some video that they would like to introduce as a trial exhibit. The video in question was recorded by the plaintiff inside a bathroom in a private home with other…
Saqib Ali
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record a meeting?

I am a professor, and I'd like to record our department meetings (audio and video). We have someone taking minutes at the meeting, but recently there have been disagreements about what was really said, and people accusing each other of saying things…
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