Antiquated Recording Device by Long Island Attorney Paul A. Lauto, Esq.
Have you ever had a telephone or in person conversation with someone and wondered whether or not the conversation was recorded without your knowledge and consent? Unfortunately, this disturbing possibility has become something to seriously consider in our current politically correct "gotcha" climate. The fact is, that it is legal in most states to record conversations without the knowledge and consent of all involved parties.
Although there are times when people who wish to record a telephone conversation with someone will ask for permission in advance, they may not have to do so by law. Federal law and New York State law provide that it is a crime to record a telephone or in person conversation unless one party to the conversation consents. That is, it is legal for a participant in a telephone or in person conversation to record that conversation, even if the other party or parties are unaware the conversation is being recorded. This is known as the one party consent law and is the law adopted in the overwhelming majority of states. As a result, many people speak based on the presumption that their conversation is being recorded.
Even if recording a conversation is legal, that does not mean doing so is appropriate, ethical or without consequences. For example, lawyers are not only bound by law but by a code of ethics as well. If a lawyer was to surreptitiously record a conversation with a client without first obtaining the client's consent, that lawyer will likely face disciplinary action upon complaint. Likewise, if friends or family were to secretly record a conversation, it may be deemed morally offensive and thereby damage the relationship.
With today's technology, recording devices are prevalent and virtually always in hand or in every other room of our homes. This has arguably resulted in the unwitting surrender of our very own privacy and bringing into question whether or not we are the victims of our own progress. The adage that one should think before they speak, has perhaps never been more relevant than it is in today's Orwellian age.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com
Have you ever had a telephone or in person conversation with someone and wondered whether or not the conversation was recorded without your knowledge and consent? Unfortunately, this disturbing possibility has become something to seriously consider in our current politically correct "gotcha" climate. The fact is, that it is legal in most states to record conversations without the knowledge and consent of all involved parties.
Although there are times when people who wish to record a telephone conversation with someone will ask for permission in advance, they may not have to do so by law. Federal law and New York State law provide that it is a crime to record a telephone or in person conversation unless one party to the conversation consents. That is, it is legal for a participant in a telephone or in person conversation to record that conversation, even if the other party or parties are unaware the conversation is being recorded. This is known as the one party consent law and is the law adopted in the overwhelming majority of states. As a result, many people speak based on the presumption that their conversation is being recorded.
Even if recording a conversation is legal, that does not mean doing so is appropriate, ethical or without consequences. For example, lawyers are not only bound by law but by a code of ethics as well. If a lawyer was to surreptitiously record a conversation with a client without first obtaining the client's consent, that lawyer will likely face disciplinary action upon complaint. Likewise, if friends or family were to secretly record a conversation, it may be deemed morally offensive and thereby damage the relationship.
With today's technology, recording devices are prevalent and virtually always in hand or in every other room of our homes. This has arguably resulted in the unwitting surrender of our very own privacy and bringing into question whether or not we are the victims of our own progress. The adage that one should think before they speak, has perhaps never been more relevant than it is in today's Orwellian age.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com
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