Is it legal for someone to record or to transmit using a cell phone) a conversation without getting your agreement?
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Anonymous
ANSWERS: 2
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Depends. It's legal to stand next to someone on the phone in public and record them without their knowledge. It's also legal to have a conversation with someone over the phone and record them, however, it could not be used in court as evidence without notifying them first. The key is notifying them. You don't need their explicit agreement, only to let them know you are recording them. Agreement with your recording them is implied by them choosing to converse with you knowing this. It's called single-party consent. Of course, if someone is tapping your phone, that's illegal. Law enforcement can tap your phone, but they need a court order before doing it.
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Recording or taping a two-way conversation is legal. Recording or taping a three-way conversation requires a search warrant. The third party being the police or some government agency.
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