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-   -   Record Both Sides of Call Coming Soon! (http://forum.ppcgeeks.com/showthread.php?t=53094)

[sammich] 01-15-2009 03:02 PM
Re: Record Both Sides of Call Coming Soon!
 
Quote:
Originally Posted by rwcj63 (Post 642323)
gentleman. read and learn.

"Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted laws based on the federal standard. But 12 states, including California, require the consent of all parties to the call. These are are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. For a state-by-state guide to taping laws, including a discussion of federal law and references to caselaw, see the Reporters Committee for Freedom of the Press guide, www.rcfp.org/taping/ ."

so all you guys that don't seem to give a crap about members like me trying to keep your butts out of jail, should. and as far as i'm concerned, this thread should be closed by a mod.
In a federal court, if ONLY ONE party was aware [you], you're in the clear.

Since state laws supersede federal, you could be charged in the 12 states. But how is the other party going to know? YOU HAVE TO CONFESS TO DOING IT or try to use it in court.

In other words, if you manage to appeal the case to supreme court, you may have a chance.

And I'd prefer if you didn't make calls on which threads should be closed. This is a learning experience.

DarkLord 01-15-2009 03:41 PM
Re: Record Both Sides of Call Coming Soon!
 
Quote:
Originally Posted by saumaun (Post 642429)
In a federal court, if ONLY ONE party was aware [you], you're in the clear.

Since state laws supersede federal, you could be charged in the 12 states. But how is the other party going to know? YOU HAVE TO CONFESS TO DOING IT or try to use it in court.

In other words, if you manage to appeal the case to supreme court, you may have a chance.

And I'd prefer if you didn't make calls on which threads should be closed. This is a learning experience.
for me, it's not a learning experience to be told that it's legal to do this when it's not in many states, including my own. the idea of this program may be "cool" to some of you guys but i think it's dangerous for this site to even make light of it in any way. it's worse than Warez.

liemydude 01-15-2009 03:45 PM
Re: Record Both Sides of Call Coming Soon!
 
How sweet would it be to call Sprint and say "this call may be monitored/recorded for quality assurance and to make sure you don't screw me over on my bill next month"

DarkLord 01-15-2009 03:49 PM
Re: Record Both Sides of Call Coming Soon!
 
Quote:
Originally Posted by liemydude (Post 642551)
How sweet would it be to call Sprint and say "this call may be monitored/recorded for quality assurance and to make sure you don't screw me over on my bill next month"
now that's an interesting thought. both a legal and worthwhile application.

auto_exec 01-15-2009 03:53 PM
Re: Record Both Sides of Call Coming Soon!
 
Quote:
Originally Posted by liemydude (Post 642551)
How sweet would it be to call Sprint and say "this call may be monitored/recorded for quality assurance and to make sure you don't screw me over on my bill next month"
Actually... since Sprint (and most CS numbers) already make that announcement, I'd think you're free to record those calls anyways.... they've already announced to YOU that the call may be recorded, so both parties are already aware. :)

WhiteBlazer01 01-15-2009 06:30 PM
Re: Record Both Sides of Call Coming Soon!
 
This is borderline turning into the other useless thread... just a debate about what is legal and what isn't. ](*,) ](*,)

Do you guys know for a fact it's illegal? Are you guys lawyers? What do you think the people who will be using this app will do with their recordings? Do you think they will blackmail someone? Use it as evidence in court? If it's illegal, are you going to call the FBI on the person recording the call, and tell them they are using legal software to illegally record phone calls? If you call me and I tell you I'm recording the conversation, is it still illegal? If I don't tell you, is it illegal? Are you going to sue me? Are you going to tell me "I told you so" if it is really illegal? Can I tell you "I told you so" if it isn't?

(Hopefully) most everyone here is a grown adult, and can account for their own actions and consequences. But come on, don't blurt out this is illegal when you don't know what you're talking about. If you do, then give reasons why, and back your statements up with facts! Otherwise, DROP THE LEGALITY DISCUSSION!!

GhettoBSD 01-15-2009 07:19 PM
Re: Record Both Sides of Call Coming Soon!
 
Quote:
Originally Posted by rwcj63 (Post 642538)
for me, it's not a learning experience to be told that it's legal to do this when it's not in many states, including my own. the idea of this program may be "cool" to some of you guys but i think it's dangerous for this site to even make light of it in any way. it's worse than Warez.

someone needs to ban this guy! He said the * word! Yah, it's that serious bud! =D>

pc001 01-15-2009 07:28 PM
Re: Record Both Sides of Call Coming Soon!
 
Quote:
Originally Posted by WhiteBlazer01 (Post 643058)
This is borderline turning into the other useless thread... just a debate about what is legal and what isn't. ](*,) ](*,)

Do you guys know for a fact it's illegal? Are you guys lawyers? What do you think the people who will be using this app will do with their recordings? Do you think they will blackmail someone? Use it as evidence in court? If it's illegal, are you going to call the FBI on the person recording the call, and tell them they are using legal software to illegally record phone calls? If you call me and I tell you I'm recording the conversation, is it still illegal? If I don't tell you, is it illegal? Are you going to sue me? Are you going to tell me "I told you so" if it is really illegal? Can I tell you "I told you so" if it isn't?

(Hopefully) most everyone here is a grown adult, and can account for their own actions and consequences. But come on, don't blurt out this is illegal when you don't know what you're talking about. If you do, then give reasons why, and back your statements up with facts! Otherwise, DROP THE LEGALITY DISCUSSION!!
Being a lawyer has nothing to do with it.
I am not a lawyer, but I have sued a lawyer and won.
We vividly disagreed on the facts.
We took it to court, and I won.

The moral of the story is for you to do your own due diligence.
You are not supposed to be ignorant of the law.
In fact, you are supposed to educate yourself on the law.

Here is for all to read and learn the facts on this subject: http://www.aapsonline.org/judicial/telephone.htm

Now, let's quit it with the speculations. :)

WhiteBlazer01 01-15-2009 08:12 PM
Re: Record Both Sides of Call Coming Soon!
 
Quote:
Originally Posted by pc001 (Post 643202)
Being a lawyer has nothing to do with it.
I am not a lawyer, but I have sued a lawyer and won.
We vividly disagreed on the facts.
We took it to court, and I won.

The moral of the story is for you to do your own due diligence.
You are not supposed to be ignorant of the law.
In fact, you are supposed to educate yourself on the law.

Here is for all to read and learn the facts on this subject: http://www.aapsonline.org/judicial/telephone.htm

Now, let's quit it with the speculations. :)

Winning a case against the lawyer doesn't prove he doesn't know the law and you do. Lawyers lose court cases all the time, it doesn't mean they know the law.

My point was simply that people are stating this program and/or use of the program is illegal. It is NOT. I repeat, recording a conversation is not illegal. For those who can't read well, and may have spaced out for a sec, again, IT IS NOT ILLEGALAnd the link you provided proves it (Thank you BTW). Now, of course, you can make it illegal if you don't have proper consent, etc...


Quote:
Originally Posted by rwcj63 (Post 642538)
for me, it's not a learning experience to be told that it's legal to do this when it's not in many states, including my own. the idea of this program may be "cool" to some of you guys but i think it's dangerous for this site to even make light of it in any way. it's worse than Warez.
](*,)](*,) I had to erase my message, as I don't want to start bashing anyone.

Quote:
Originally Posted by auto_exec (Post 642578)
Actually... since Sprint (and most CS numbers) already make that announcement, I'd think you're free to record those calls anyways.... they've already announced to YOU that the call may be recorded, so both parties are already aware. :)
This should be proof enough that recording a call can be legal.

jcu 01-15-2009 08:45 PM
Re: Record Both Sides of Call Coming Soon!
 
Quote:
Originally Posted by saumaun (Post 642279)
Umm, no its not. It's inadmissible in court if the other party didn't know they were being recorded.
Just FYI for those don't know. Some state like California is illegal and not just inadmissible in court.

=============
California prohibits telephone monitoring or recording, including the use of information obtained through interception unless all parties to the conversation consent (California Penal Code Sections 631 & 632). There is no statutory business telephone exception and the relevant case law all but excludes this possibility. California courts have recognized "implied" consent as being sufficient to satisfy the statute where one party has expressly agreed to the taping and the other continues the conversation after having been informed that the call is being recorded. Violation is punishable by a fine of up to $2,500, imprisonment for not more than one year, or both. A civil plaintiff may recover the greater of $3,000 or three times the amount of any actual damages sustained.


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