Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: battlegearboat

It's a federal violation - so it's illegal in OK. also.


7 posted on 07/28/2005 6:51:27 AM PDT by sandydipper (Less government is best government!)
[ Post Reply | Private Reply | To 2 | View Replies ]


To: sandydipper
It's a federal violation - so it's illegal in OK. also.

Incorrect. It's perfectly legal in single party consent states. Federal law doesn't come into consideration until the call crosses state lines. If both states are single party consent there's no violation.

http://www.pimall.com/nais/n.tel.tape.law.html

11 posted on 07/28/2005 6:59:01 AM PDT by A.A. Cunningham
[ Post Reply | Private Reply | To 7 | View Replies ]

To: sandydipper
It's a federal violation - so it's illegal in OK. also.

The laws on taping phone cnversations vary on a state by state basis. It's not a federal issue.

12 posted on 07/28/2005 6:59:41 AM PDT by Bob
[ Post Reply | Private Reply | To 7 | View Replies ]

To: sandydipper
It's a federal violation -

Don't think so. Here it's perfectly legal as long a one of the parties is aware of the recording.

14 posted on 07/28/2005 7:03:15 AM PDT by FreePaul
[ Post Reply | Private Reply | To 7 | View Replies ]

To: sandydipper

The federal law makes it unlawful to record telephone conversations except in one party consent cases which permit one party consent recording by state law. What that means is a person can record their own telephone conversations without the knowledge or consent of the other party in those states that allow one party consent.


16 posted on 07/28/2005 7:04:54 AM PDT by battlegearboat
[ Post Reply | Private Reply | To 7 | View Replies ]

To: sandydipper; battlegearboat
It's a federal violation - so it's illegal in OK. also.

Not true. Federal law permits one-party consent, meaning you can record your own conversations, or someone else's conversations, so long as at least one party consents to the recording. Florida is a two-party consent state, though, meaning both parties must consent to the recording for it to be legal under state law. Oklahoma is a one-party consent state, FWIW - read more here.

Where it gets complicated is if the phone call crosses state lines from a one-party consent state to a two-party consent state, but it doesn't sound like that happened here.

17 posted on 07/28/2005 7:04:59 AM PDT by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
[ Post Reply | Private Reply | To 7 | View Replies ]

To: sandydipper
It's a federal violation - so it's illegal in OK. also.

No it is not illegal in Oklahoma. Federal law forbids telephone recordings by a third party when neither of the two principal parties on the conversation have consented.

Oklahoma, along with 37 other states, is a "one party consent" state, which means that if one party agrees to the recording (in this case the reporter) it is legal under federal law. Florida, along with 11 other states, is a "two party consent" state.

20 posted on 07/28/2005 7:06:40 AM PDT by dpwiener
[ Post Reply | Private Reply | To 7 | View Replies ]

To: sandydipper

Its not a federal violation.


23 posted on 07/28/2005 7:08:03 AM PDT by anton
[ Post Reply | Private Reply | To 7 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson