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This is a common refrain on Reddit and other places, but does anyone know anyone who ever had a issue with this law? If you aren't going to offer the recording

This is a common refrain on Reddit and other places, but does anyone know anyone who ever had a issue with this law? If you aren't going to offer the recordings to the public in any way I can't see how you would even be caught. I particularly like when people say you shouldn't record evidence of someone committing a crime. For someone to press charges they would have to admit that they are the person on the recording, commiting the crime.

bombcar 4y ago
If you never use the recording except for yourself you'll never run into an issue. If you are a group that may someday be subpoena'd for something, you may want to consider the laws around it. Note that if one side says the conversation may be recorded or monitored, I believe both can now record.
lotsofpulp 4y ago
The person committing the crime does not always have to worry about being charged with a crime. The burden of proof is pretty high, and anyone with a half a brain will not explicitly state they are committing a crime.
- willcipriano 4y ago
  On Reddit I've seen cases where the person was making violent threats and someone will always reply with this canard. "Yes your honor, that's me saying 'I'm going to fing kill you', but it was recorded without my consent!" probably isn't a smart move, legally speaking.
  - GuB-42 4y ago
    I don't know, there is something about illegally acquired evidence, and that's the kind of technicalities attorneys love to use if it can benefit their clients.
  - toast0 4y ago
    That's really silly when if you need two/all party consent for the evidence to be admissible; you can object that there was no consent without acknowledging who was speaking. And the evidence can be objected to without being listened to by the judge/jury. Surprise evidence is strongly discouraged, and there's a procedure to enter into evidence before it's shown or heard. On the other hand, illegally obtained evidence is not always prohibited from trial. It's most likely to be prohibited if it's a criminal trial and the evidence was illegally obtained by law enforcement or the government generally. An illegal recording by a non-governmental party, not acting on instructions by a governmental party has nuance and may be allowed.
nobody9999 4y ago
>If you aren't going to offer the recordings to the public in any way I can't see how you would even be caught. I'd appreciate it if you'd clarify this point. Are you implying (not saying you are, but it is a parsimonious reading of your assertion) that not getting caught doing something makes that activity legal/ethical? Personally, I'm more concerned with the ethical implications rather than the legal ones, as many things that are legal are highly unethical.
- willcipriano 4y ago
  I assume that I will be held to account for anything I say in the workplace. The pushback I get for that idea makes me wonder what the rest of you are saying behind closed doors, probably not things that are very ethical/legal.
  - enneff 4y ago
    Consider that you end up in a legal dispute with another company, and they can legally discover mountains of your recorded conversations which they can then trawl through to cherry-pick sound bites that support their case, while they themselves have been careful to discuss most things off the record. In that scenario you would be at a huge disadvantage regardless of the ethics and legality of your conversations.
    - WalterBright 4y ago
      That's why when you're arrested the advice is to not talk to the police without a lawyer. That's because the police can take what you say out of context and hang you with it.
    - willcipriano 4y ago
      I can't think of a single thing that I've ever said at work (since leaving the restaurant industry, that was a different sort of scene) that even taken in the most uncharitable way, could be edited or taken out of context in such a manner that would make me legally responsible for anything, or even be embarrassing. I discuss work at work. I have no reports. I don't hire anyone. I'm a happily married man so I don't engage in flirting or anything that even appears not to be above board. I don't drink or go to holiday parties. I live my life in public like someone is always recording, because even if they aren't they can just say "Will said...." and likely be believed anyway.

bombcar 4y ago

If you never use the recording except for yourself you'll never run into an issue. If you are a group that may someday be subpoena'd for something, you may want to consider the laws around it. Note that if one side says the conversation may be recorded or monitored, I believe both can now record.

lotsofpulp 4y ago

The person committing the crime does not always have to worry about being charged with a crime. The burden of proof is pretty high, and anyone with a half a brain will not explicitly state they are committing a crime.

willcipriano 4y ago
On Reddit I've seen cases where the person was making violent threats and someone will always reply with this canard. "Yes your honor, that's me saying 'I'm going to fing kill you', but it was recorded without my consent!" probably isn't a smart move, legally speaking.
- GuB-42 4y ago
  I don't know, there is something about illegally acquired evidence, and that's the kind of technicalities attorneys love to use if it can benefit their clients.
- toast0 4y ago
  That's really silly when if you need two/all party consent for the evidence to be admissible; you can object that there was no consent without acknowledging who was speaking. And the evidence can be objected to without being listened to by the judge/jury. Surprise evidence is strongly discouraged, and there's a procedure to enter into evidence before it's shown or heard. On the other hand, illegally obtained evidence is not always prohibited from trial. It's most likely to be prohibited if it's a criminal trial and the evidence was illegally obtained by law enforcement or the government generally. An illegal recording by a non-governmental party, not acting on instructions by a governmental party has nuance and may be allowed.

nobody9999 4y ago

>If you aren't going to offer the recordings to the public in any way I can't see how you would even be caught. I'd appreciate it if you'd clarify this point. Are you implying (not saying you are, but it is a parsimonious reading of your assertion) that not getting caught doing something makes that activity legal/ethical? Personally, I'm more concerned with the ethical implications rather than the legal ones, as many things that are legal are highly unethical.

willcipriano 4y ago
I assume that I will be held to account for anything I say in the workplace. The pushback I get for that idea makes me wonder what the rest of you are saying behind closed doors, probably not things that are very ethical/legal.
- enneff 4y ago
  Consider that you end up in a legal dispute with another company, and they can legally discover mountains of your recorded conversations which they can then trawl through to cherry-pick sound bites that support their case, while they themselves have been careful to discuss most things off the record. In that scenario you would be at a huge disadvantage regardless of the ethics and legality of your conversations.
  - WalterBright 4y ago
    That's why when you're arrested the advice is to not talk to the police without a lawyer. That's because the police can take what you say out of context and hang you with it.
  - willcipriano 4y ago
    I can't think of a single thing that I've ever said at work (since leaving the restaurant industry, that was a different sort of scene) that even taken in the most uncharitable way, could be edited or taken out of context in such a manner that would make me legally responsible for anything, or even be embarrassing. I discuss work at work. I have no reports. I don't hire anyone. I'm a happily married man so I don't engage in flirting or anything that even appears not to be above board. I don't drink or go to holiday parties. I live my life in public like someone is always recording, because even if they aren't they can just say "Will said...." and likely be believed anyway.