3 ms·

Folks outside the company often join calls and video meetings. Some orgs may have their shit together-enough to exempt only those, perfectly, so they never viol

Folks outside the company often join calls and video meetings. Some orgs may have their shit together-enough to exempt only those, perfectly, so they never violate recording laws, but I’d expect most would just notify on all calls/meetings if they started doing this.

lazide 3y ago
Or just record and expect no one to attempt to prosecute (most likely), since it was ‘by accident’ (no mens rea). Generally recording phone calls is only a crime if there is an expectation of privacy, which would also be hard to say existed on a group phone call or video chat, especially if one of the parties knew for sure it could be recorded (and consented to it by continuing to work for the company). Federal law would make it legal to record such a call, for instance. California might make it illegal, might not - all the parties would have to expect it to be a non confidential call. Which a group call? Hard to argue that’s confidential. Calling a random person in a company, where you don’t know if it is being recorded or not? Ehhhh. Also, in California there is an exemption to these recording laws - you can use illegal recordings to defend yourself against perjury, or in the prosecution/defense of certain heinous crimes like extortion, kidnapping, murder, etc. (633.5 CPC) [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=633.5 https://leginfo.legislature.ca.gov/faces/codes_displaySectio....] It’s a shame Justia doesn’t link to that, as it’s quite important in some situations. [https://www.justia.com/50-state-surveys/recording-phone-calls-and-conversations/ https://www.justia.com/50-state-surveys/recording-phone-call...] “Under California law, it is a crime punishable by fine and/or imprisonment to record a confidential conversation without the consent of all parties, or without a notification of the recording to the parties via an audible beep at specific intervals. The California Supreme Court has defined a confidential conversation as one in which the parties have a reasonable expectation that no one is listening in or eavesdropping. In addition to criminal penalties, illegal recording can also give rise to civil damages. CA Penal Code § 632 (definition & penalty), § 637.2 (civil damages), Flanagan v. Flanagan, 41 P.3d 575 (Cal. 2002), Cal. Pub. Util. Code Gen. Order 107-B(II)(A)”

lazide 3y ago

Or just record and expect no one to attempt to prosecute (most likely), since it was ‘by accident’ (no mens rea). Generally recording phone calls is only a crime if there is an expectation of privacy, which would also be hard to say existed on a group phone call or video chat, especially if one of the parties knew for sure it could be recorded (and consented to it by continuing to work for the company). Federal law would make it legal to record such a call, for instance. California might make it illegal, might not - all the parties would have to expect it to be a non confidential call. Which a group call? Hard to argue that’s confidential. Calling a random person in a company, where you don’t know if it is being recorded or not? Ehhhh. Also, in California there is an exemption to these recording laws - you can use illegal recordings to defend yourself against perjury, or in the prosecution/defense of certain heinous crimes like extortion, kidnapping, murder, etc. (633.5 CPC) [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=633.5 https://leginfo.legislature.ca.gov/faces/codes_displaySectio....] It’s a shame Justia doesn’t link to that, as it’s quite important in some situations. [https://www.justia.com/50-state-surveys/recording-phone-calls-and-conversations/ https://www.justia.com/50-state-surveys/recording-phone-call...] “Under California law, it is a crime punishable by fine and/or imprisonment to record a confidential conversation without the consent of all parties, or without a notification of the recording to the parties via an audible beep at specific intervals. The California Supreme Court has defined a confidential conversation as one in which the parties have a reasonable expectation that no one is listening in or eavesdropping. In addition to criminal penalties, illegal recording can also give rise to civil damages. CA Penal Code § 632 (definition & penalty), § 637.2 (civil damages), Flanagan v. Flanagan, 41 P.3d 575 (Cal. 2002), Cal. Pub. Util. Code Gen. Order 107-B(II)(A)”