Is it legal for someone in Florida (a two-party consent state) to tape record a phone conversation with someone outside of the state if the other person is not in a two-party consent state?
by 
Anonymous
ANSWERS: 3
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The best way to answer this, without getting into questions about the specifics of your situation, is this: When determining the legality of an intercepted phone conversation in which both parties are in different states, then BOTH state laws must be satisfied, as well as federal law. So, you basically have three sets of law to satisfy. Generally, federal law follows a 1-party approach.
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i am an attorney in CT and i have a case that is SIMILAR to the one presented. someone in florida LISTENED (not recorded) in on a conference call by gaining access to the conference call code and calling in. they said nothing, but stole business secrets. we know this by virtue of looking at the conference call bill. we had two extra people listening in who were my clients competitors. this has caused my client harm. so the question is, can someone listen in using a phone? technically, its not wire tapping which by definition does not include the use of telephones to listen in.
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i am an attorney in CT and i have a case that is SIMILAR to the one presented. someone in florida LISTENED (not recorded) in on a conference call by gaining access to the conference call code and calling in. they said nothing, but stole business secrets. we know this by virtue of looking at the conference call bill. we had two extra people listening in who were my clients competitors. this has caused my client harm. so the question is, can someone listen in using a phone? technically, its not wire tapping which by definition does not include the use of telephones to listen in. finally, its not a matter of state law superseding federal law or vice versa. its a matter of which laws were violated. you can easily violate the law of more than one jurisdiction. it could be that the laws of 2 states and federal law were all violated, or some combination thereof.
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