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?
I'm not a lawyer, but if "enabling" is illegal then everyone working at Radio Shack should be in jail. http://tinyurl.com/ylg62tb
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.
Yep.
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.
Again not a lawyer but I seem to recall that FCC trumps local laws here. -- Jay Hennigan - CCIE #7880 - Network Engineering - jay at impulse.net Impulse Internet Service - http://www.impulse.net/ Your local telephone and internet company - 805 884-6323 - WB6RDV