We often feel a false sense of security when we log on to the internet via our laptops, tablets, phones and other “smart” devices used for electronic communication. Sitting behind our screens we believe we are somehow separated from the technology we use and that our words and actions are harmlessly floating through the anonymous cyber highways of cell phone towers and Wi-Fi hotspots.
Electronic Information Retrieval
The truth of the matter is that every action can be tracked and monitored better than ever before. Even if you delete every text from your phone or delete every file from your computer and completely clear the history in your browser, forensic specialists are capable of retrieving electronic information. Much of this evidence is being used in courtrooms across the county by attorneys and trial lawyers. But it’s not just the authorities that can record information, there are laws in place that legally allow individuals to record conversations using audio and video and it is important that you understand the extent of those laws before proceeding.
One or Two Party Consent of Oral Communications
If you are planning on recording a telephone call, or a person to person conversation including those with video recording that also captures sound, you should be aware that there are both federal and state wiretapping laws that may limit your ability to do so. Some of these laws not only put you at risk of criminal prosecution; they can also increase the risk of civil lawsuits by the injured party who may sue for monetary damages against you. Considering the question from a legal standpoint, one of the most important factors that you need to understand is whether or not you must get the consent from one or all of the parties involved in a phone call or conversation before you record it.
Wiretapping Laws; Federal One-Party Consent
Federal law along with many state wiretapping laws do permit recording as long as one party (including you) consent to the recording of the phone conversation. Other states require that all parties much give consent. Federal law allows the recording of telephone conversations along with in-person conversations with the consent of one of the parties. Just as the name implies this is called a “one-party consent” law. You can record a phone call or conversation as long as you are party to the conversation. If you are not party to the conversation, you can also legally record the phone-call or conversation as long as one of the participants gives his or her consent and has full knowledge that the communication is to be recorded.
Florida Two-Party Consent Recording & Wiretapping Laws
Eleven states including Florida require the consent of every party involved in a phone call or conversation in order to make the recording lawful. Even though these laws are referred to a “two-party consent” laws, in actuality consent must be obtained from every party involved in a phone call or conversation if it should involve more than two people. It is important to remember that it is almost always illegal to record a phone call or private conversation to which you are not directly involved, do not have consent and could not naturally overhear. In summary, federal law along with many states, do not allow bugs or recording devices to be placed on a person, or within any structures including homes, office buildings, restaurants etc. to secretly record a conversation between two individuals without their consent.
