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I hate that law. It makes me think that some politician got caught talking about something immoral or illegal and sought to make phone conversations "safer."
by dhimes 12y ago
I hate that law. It makes me think that some politician got caught talking about something immoral or illegal and sought to make phone conversations "safer." It certainly doesn't help, for example, a victim of domestic violence who receives threatening phone calls. He/she has to go to the authorities and receive permission.
On the other hand, in a conversation with like this with a corporation she could simply announce that she is recording it. Corporations do it all the time, in part at least to help train their customer service. And if the corp decides they don't want to have the conversation on the record, then they don't get to have the conversation at all. In other words, you say, "I am recording this conversation" rather than asking, "Is it ok if I record this conversation?"
- ctdonath 12y agoSomeone solved this once by configuring a voice menu to answer & direct the call (to the single phone): started with the heard-so-often-everyone-ignores-it line "this call may be monitored or recorded for _______ purposes; please press 1 for ..." and the sting subject fell for it when calling. Notification of recording made, implicit permission granted for continuing the conversation.
- jeffreyrogers 12y ago> In other words, you say, "I am recording this conversation" rather than asking, "Is it ok if I record this conversation?" I'm not sure that is legal. I've had a few job interviews that were recorded, and in all of them I was told I needed to consent to being recorded on tape. So basically the interviewer would say, "are you okay with me recording this conversation?" and then I would say, "yes, that's fine."
- dangerlibrary 12y agoI think one has a strong implied consent argument if the other party keeps talking after recording has been announced.
- ceejayoz 12y ago> I'm not sure that is legal. I'm pretty sure it is, considering the number of companies who have a "This call may be recorded" warning as part of the phone tree.
- pavel_lishin 12y ago> And if the corp decides they don't want to have the conversation on the record, then they don't get to have the conversation at all. I think a problem with this approach is that in most cases, the individual loses more by not having the conversation than the corporation does.