In ny state why is it illegial to record a conversation or a phone call?

Question

In ny state why is it illegial to record a conversation or a phone call?

Answer 1

It is illegal because recording calls without the consent of all parties in the call is deemed to be an invasion of privacy.

However, the law on this subject varies from state to state.  So people need to consult the statutes of the state they live in to know the specifics of the law in their state.

New York Statute:

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N.Y. Penal Law §§ 250.00, 250.05: It is a Class E felony to overhear or record a telephonic or telegraphic communication if one is not the sender or receiver, or does not have the consent of either the sender or receiver. It also is a crime for someone not present to overhear or record any conversation or discussion without the consent of at least one party to that conversation.

Cordless telephone conversations that are partially broadcast over ordinary radio waves are protected by the wiretapping and eavesdropping laws and require the same consent for recording as any other communication. New York v. Fata, 559 N.Y.S.2d 348 (N.Y. App. Div. 1990).

State courts have held that newspapers that published transcripts of an illegally recorded telephone conversation were subject to civil liability when "the newspapers knew they were dealing with recorded conversations between unconsenting parties." Natoli v. Sullivan, 606 N.Y.S.2d 504 (N.Y. Sup. Ct. Oswego County 1993), aff'd, 616 N.Y.S.2d 318 (N.Y. App. Div. 1994).

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Answer 2

I do telecommunications for a living.  It is my understanding that as long as 50% of the parties involved in the conversation are aware that it is being recorded then you are fine.

Answer 3

it is illegal in any state without the permission of the person you are talking to, you MUST ask their person or they can sue you i am not sure but i believe ti si a Federal Law not state law, but yes without a person's permissionyou cna nottape their conversation legally without a court order allowing you to "wire tap" them

Answer 4

That's the law. It might incriminate the party that doesn't know it's being recorded and this would be self-incrimination.