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Governments have long made repeating some unrecorded conversations illegal. Those conversations are called “privileged communications”. For example, a doctor
by EmmyPenumbra 2y ago
Governments have long made repeating some unrecorded conversations illegal. Those conversations are called “privileged communications”. For example, a doctor or a lawyer can be charged with a crime for an unauthorized disclosure of a privileged communication, even if the communication was not recorded.
The problem with two-party consent laws is that they make illegal ONLY the recording of conversations that the participants are otherwise free to disclose to others. In those situations, the government CANNOT claim it is seeking to protect anyone’s privacy, but only people’s “right to lie” about their conversations. That is NOT a legitimate governmental interest.