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re: two-party consent, IANAL but there seems to be exceptions where if the parties don't have a reasonable expectation of privacy, consent is not needed. For ex
by RobAtticus 10y ago
re: two-party consent, IANAL but there seems to be exceptions where if the parties don't have a reasonable expectation of privacy, consent is not needed. For example, somebody recording you giving a public speech does not need your permission -- the public can go hear you speak with or without the recording.
Since Trump was mic'd up on the bus (they were going to film a segment), I think there is a case to be made that he couldn't realistically make the case he didn't know he was being recorded or could be recorded. I think it'd be a hard sell that this was an illegally recorded conversation.
- smitherfield 10y agoHe (and Billy Bush) had a reasonable expectation that he was not being recorded by whichever person was doing the recording. In any case, it's only a question of how many laws were broken in the process of its being obtained by media outlets, not whether the law was broken.