[rainfreak]

Originally Posted by aammiitt

well my logic is:

One would record a phone conversation just so it can be held as a proof.(I am not getting into legal or illgeal yet).

Now.HYPOTHETICALLY...Lets say I record a convo...use it as an evidence, ok? The court says both the parties needed to be aware of convo being recorded...to which i say (i lie)..YES...I made the opposite party aware before we started talking !!

Ofcourse...the other party would jump off the seat and say NO...I would say "prove it that I didnt tell u" ! Now it's my word against their's !
Conversly..lets assume I actually made the other party aware of recording bef the convo..and what if they deny flat out? What is the evidence?
(No I am not refering to the part in the recording..that says..." XYZ I am recording..do I have ur consent" )

In which case I still have a solid ground as to begin with I am the one trying to prove a point in the court w/ the recording as proof.
Just like shooting someone w/ a gun is a crime...but what if u do it in self defense? There was NO other way but to shoot the other guy...wouldnt the court atleast listen to why I shot?

it's a classic case of putting a label and concluding that it's illegal. Technically it is not so well defined and clear.

k...just exhausted my 2 cents !

That's a great theory but I assure that when you go to court you will be told that, for the call to be legally recorded and admissable in court, that you have to have proof that the caller was made aware of the recording.

The burden of proof rests with you because you are the one doing the recording. So if you do not have on the recording that the caller acknowledges the fact that the call is being recordered, or continued to speak after being alerted to the recording process, you have failed to prove it to the courts. Therefore it will not be admissable.

Not to mention that now that modifying digital files is so easy, the court typically requires a digital watermark on the recording to prove that it has not been modified or altered in anyway. Otherwise, even if you go through all the stages of warning a caller that the call is being recorded, the call may still be inadmissable.