Scenario 3 is an example of a privileged conversation. Simply repeating the conversation to others is itself a violation of the applicable rule. Recording the

Scenario 3 is an example of a privileged conversation. Simply repeating the conversation to others is itself a violation of the applicable rule. Recording the conversation and playing it back to others is simply the other side of the same coin. Two-party consent laws are constitutional ONLY if the underlying conversation is privileged and cannot be repeated to others, even in the absence of a recording.