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Federal law requires that at least one party taking part in the call must be notified of the recording (18 U.S.C. § 2511 (2) (d)). Call recording laws in some U.S. states require only one party to be aware of the recording, while other states generally require both parties to be aware.
Conversations in private places are banned from third party audio recording and a member of a conversation can covertly record the conversation without the consent of others. Conversations that occur in public can be recorded by a third party (see O.C.G.A. § 16-11-62).
Within one party consent states, only one party must approve the recording, whereas in all party consent states all parties must consent to the recording. In many states, the consent requirements listed below only apply to situations where the parties have a reasonable expectation of privacy, such as private property, and do not apply in public ...
Illinois made it a crime to use an "eavesdropping device" to overhear or record a phone call or conversation without the consent of all parties to the conversation. The law was ruled unconstitutional in 2014 by the Illinois Supreme Court , but was replaced by a near-identical law later that same year.
One of the parties may record the conversation, either on a tape or solid-state recording device, or they may use a computer running call recording software. The recording, whether overt or covert, may be started manually, automatically when it detects sound on the line , or automatically whenever the phone is off the hook.
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Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011) is a case in which the United States Court of Appeals for the First Circuit held that a private citizen has the right to record video and audio of police carrying out their duties in a public place, and that the arrest of the citizen for a wiretapping violation violated his First and Fourth Amendment rights.
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