In many cases, the call recording is provided by the softswitch or conference bridge by the ITSP. ILEC's don't provide call recording on TDM. Matt Yaklin wrote:
How does being an ITSP differ from a traditional telephone service provider when it comes to call recording laws? It would seem precedent has been set in the past for these types of activities. What those precedents are, I have no idea, but just because the call goes over "the internet" versus a copper pair to the local central office would not change things in my opinion.
Or am I too naive when it comes to this topic? I imagine if I was a Fairpoint retail customer of a POTS and I called and asked about this topic they would tell me to get a lawyer and otherwise ignore me.
As an employee of an ISP I would never tell a customer you can record but please follow the laws. I would say consult a lawyer.
matt
On Wed, 13 Jan 2010, Peter Beckman wrote:
So I've been thinking about call recording laws recently and wanted to get some feedback.
1. As an ITSP, are we held liable for enabling our customers to potentially illegally record a phone call in states where all-party notification is required? Or is it solely on the party who did the illegal recording?
2. Interstate phone calls get tricky -- it may be legal for single-party notification in the originating or terminating state, but illegal in the other.
3. When a California resident has a California phone number (a state which requires all-party notification and consent of call recording) receives a call when physically in Oregon, which law applies -- CA or OR? Assuming the caller is in a single-party consent state.
Makes things kinda difficult -- I guess it is simply easier for the ITSP to say "hey, you can record, but follow the laws." and hope we don't get mixed up in it.
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