There was a recent ruling by a federal court that secretly recording someone (without their permission) was O.K. and NOT a violation of the Wiretapping Act.
The thing is, when I was reading into it, it's not really cut-and-dry.
It has lots of legal jargon, so could someone PLEASE explain when it is O.K. and when it is NOT O.K.?
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Specifically, this is the legal jargon, and below that the site I found it on via a google search
“The defendant must have the intent to use the illicit recording to commit a tort of crime beyond the act of recording itself,” (.pdf) the 2nd U.S. Circuit Court of Appeals ruled.
“We affirm, and, in so doing, hold that the exception to the one-party consent provision of 18 U.S.C. § 2511(2)(d) requires that a communication be intercepted for the purpose of a tortious or criminal act that is independent of the intentional act of recording,” the New York-based federal appeals court said.
THIS IS THE SITE http://www.wired.com/threatlevel/2010/08/covert-iphone-audio-recording/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29&utm_content=Google+Reader
Thanks for the help!
The thing is, when I was reading into it, it's not really cut-and-dry.
It has lots of legal jargon, so could someone PLEASE explain when it is O.K. and when it is NOT O.K.?
**
Specifically, this is the legal jargon, and below that the site I found it on via a google search
“The defendant must have the intent to use the illicit recording to commit a tort of crime beyond the act of recording itself,” (.pdf) the 2nd U.S. Circuit Court of Appeals ruled.
“We affirm, and, in so doing, hold that the exception to the one-party consent provision of 18 U.S.C. § 2511(2)(d) requires that a communication be intercepted for the purpose of a tortious or criminal act that is independent of the intentional act of recording,” the New York-based federal appeals court said.
THIS IS THE SITE http://www.wired.com/threatlevel/2010/08/covert-iphone-audio-recording/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29&utm_content=Google+Reader
Thanks for the help!