David -- Your approach seems interesting and safe, but I think the challenge is building a useful product around restrictions like this. Which of your customers wants to say, "Is it OK if I record this call?" It's almost like saying, "I don't trust that you're going to keep to your word, so I'm going to record this call as evidence for the lawsuit." "Call recording" just seems so slimy. It brings up thoughts of White House recordings and FBI wiretaps. But in reality, recording the call can be a useful way to get accurate notes from a call. I just really doubt that many ordinary folks -- accountants, doctors, lawyers, architects, car dealers, real-estate agents, salesmen, bankers -- are going to have the guts to get permissions from their customers, or their colleagues, or their suppliers. -- All opinion, not to be confused with factual data. On Jan 25, 2010, at 8:36 AM, David Sarvai wrote:
As an ITSP, we recently rolled out a call recording solution in conjunction with our soft switch. Our "product" and agreements puts all legal responsibility on our customer.
The customer must ensure both parties know the call is being recorded and acquire consent. Using this standard, it doesn't matter which state the call originates or terminates.
As for the ITSP's responsibilities, we must ensure our total solution is capable of providing the required auto-disclaimer on inbound calls and the flexibility to not record outbound calls (unless the customer reads the disclaimer on every outbound call too).
Provided the customer is educated on how to properly use the system, knowing when and which calls are recorded, there should be no legal problem. Any user not wishing to consent can simply hang up.
David M. Sarvai Director of Engineering DSCI Corporation 1 Sundial Ave. Suite 514 Manchester, NH 03103 Voice: 781-861-4678 CELL: 781-254-3053 FAX: 781-861-4675 Customer Care: 1-877-344-7441 _______________________________________________ VoiceOps mailing list VoiceOps at voiceops.org https://puck.nether.net/mailman/listinfo/voiceops
mark r lindsey at e-c-group.com http://e-c-group.com/~lindsey +12293160013