3 ms·

The legal issues are not as simple outside of Canada.

jemka 15y ago
Exactly. http://en.wikipedia.org/wiki/Telephone_recording_laws#United_States http://en.wikipedia.org/wiki/Telephone_recording_laws#United...
- joshaidan 15y ago
  Yes, it's certainly different in some states. But I think that even if phones had a big red "Push to record" button, that would at least allow users to warn other parties that they want to record the call, at which point they could push the button.
- eli 15y ago
  That definitely illustrates the point, but here's a much better link for anyone wondering if they can tape a call: http://www.rcfp.org/can-we-tape http://www.rcfp.org/can-we-tape
pavel_lishin 15y ago
Would the manufacturers still be responsible if the record feature came with big warnings on the phone, along the lines of "By enabling this feature, you agree to follow local and federal laws with regards to wiretapping, including possibly having to notify all parties before recording a conversation"?
- sologoub 15y ago
  Why not follow the Google Voice model and have a key combo that will play a disclaimer to both parties and start recording?
  - sp332 15y ago
    Because it's slow and annoying? Plus you can't push the "4" button during a call without triggering recording, which breaks some phone menus.
    - noarchy 15y ago
      I'm not sure that annoyance level is what should matter when we're talking about respecting local privacy laws. Perhaps a better interface can be designed/implemented, but that's another matter.
      - pavel_lishin 15y ago
        I think it definitely should matter, when I could always just bypass the entire process with a $10 voice recorder from RadioShack.
  - pavel_lishin 15y ago
    In the state in which I live, that's not required, and in most cases would cause the other party to hang up on me. (I needed to make some phone recordings to keep my landlord honest after they kept refusing to make vital repairs. If they heard a warning about being recorded, they likely would have refused to speak to me on the phone, and I'd probably have had to take them to court. I bypassed the entire issue by calling them on speakerphone next to my computer, while running a sound recorder.)
- sliverstorm 15y ago
  Maybe yes, maybe no, that'd be something the courts would have to decide, which means a gamble for the manufacturer (with little to no payoff)
Splines 15y ago
What if I'm in Canada and call someone in the US? Which laws apply? Alternatively, what if I'm in the US, call someone in Canada, and they conference call a 3rd person in the US?
- mc32 15y ago
  In the US there are one-party states and there are two-party states. http://www.callcorder.com/phone-recording-law-america.htm http://www.callcorder.com/phone-recording-law-america.htm If you call someone in a two-party state from a one party state, as far as I can tell, you are in the clear; some require notification. Arizona is even better as you don't have to be the subscriber in order to record the call. So you can do it from a hone booth, hotel, etc.
- rhizome 15y ago
  If only there were a means or a technology to encapsulate location information in the call itself so the other side can act upon it.
- gcb 15y ago
  it holds true the law the person doing the recording is in. unless he used a mechanism provided by a company doing the connection that resides in the US or some other place where it's illegal.
- jetti 15y ago
  Typically you only need to follow the laws that are applicable in the region you are in. However, there are times where you can be tried for breaking a law in a country you don't reside because you have knowingly and willingly broke that law and tried to get residents of that nation to do the same. The instance of where that happens is Richard O'Dyer (http://www.techdirt.com/articles/20120113/09184917400/us-to-extradite-uk-student-copyright-infringement-despite-site-being-legal-uk.shtml http://www.techdirt.com/articles/20120113/09184917400/us-to-... first link that I found quickly).
gcb 15y ago
Who cares? last time i checked shooting and/or stabbing someone was illegal. Even in Canada (gasp) but I don't see anyone stopping the production of guns or kitchen knives.

jemka 15y ago

Exactly. http://en.wikipedia.org/wiki/Telephone_recording_laws#United_States http://en.wikipedia.org/wiki/Telephone_recording_laws#United...

joshaidan 15y ago
Yes, it's certainly different in some states. But I think that even if phones had a big red "Push to record" button, that would at least allow users to warn other parties that they want to record the call, at which point they could push the button.
eli 15y ago
That definitely illustrates the point, but here's a much better link for anyone wondering if they can tape a call: http://www.rcfp.org/can-we-tape http://www.rcfp.org/can-we-tape

pavel_lishin 15y ago

Would the manufacturers still be responsible if the record feature came with big warnings on the phone, along the lines of "By enabling this feature, you agree to follow local and federal laws with regards to wiretapping, including possibly having to notify all parties before recording a conversation"?

sologoub 15y ago
Why not follow the Google Voice model and have a key combo that will play a disclaimer to both parties and start recording?
- sp332 15y ago
  Because it's slow and annoying? Plus you can't push the "4" button during a call without triggering recording, which breaks some phone menus.
  - noarchy 15y ago
    I'm not sure that annoyance level is what should matter when we're talking about respecting local privacy laws. Perhaps a better interface can be designed/implemented, but that's another matter.
    - pavel_lishin 15y ago
      I think it definitely should matter, when I could always just bypass the entire process with a $10 voice recorder from RadioShack.
- pavel_lishin 15y ago
  In the state in which I live, that's not required, and in most cases would cause the other party to hang up on me. (I needed to make some phone recordings to keep my landlord honest after they kept refusing to make vital repairs. If they heard a warning about being recorded, they likely would have refused to speak to me on the phone, and I'd probably have had to take them to court. I bypassed the entire issue by calling them on speakerphone next to my computer, while running a sound recorder.)
sliverstorm 15y ago
Maybe yes, maybe no, that'd be something the courts would have to decide, which means a gamble for the manufacturer (with little to no payoff)

Splines 15y ago

What if I'm in Canada and call someone in the US? Which laws apply? Alternatively, what if I'm in the US, call someone in Canada, and they conference call a 3rd person in the US?

mc32 15y ago
In the US there are one-party states and there are two-party states. http://www.callcorder.com/phone-recording-law-america.htm http://www.callcorder.com/phone-recording-law-america.htm If you call someone in a two-party state from a one party state, as far as I can tell, you are in the clear; some require notification. Arizona is even better as you don't have to be the subscriber in order to record the call. So you can do it from a hone booth, hotel, etc.
rhizome 15y ago
If only there were a means or a technology to encapsulate location information in the call itself so the other side can act upon it.
gcb 15y ago
it holds true the law the person doing the recording is in. unless he used a mechanism provided by a company doing the connection that resides in the US or some other place where it's illegal.
jetti 15y ago
Typically you only need to follow the laws that are applicable in the region you are in. However, there are times where you can be tried for breaking a law in a country you don't reside because you have knowingly and willingly broke that law and tried to get residents of that nation to do the same. The instance of where that happens is Richard O'Dyer (http://www.techdirt.com/articles/20120113/09184917400/us-to-extradite-uk-student-copyright-infringement-despite-site-being-legal-uk.shtml http://www.techdirt.com/articles/20120113/09184917400/us-to-... first link that I found quickly).

gcb 15y ago

Who cares? last time i checked shooting and/or stabbing someone was illegal. Even in Canada (gasp) but I don't see anyone stopping the production of guns or kitchen knives.