Re: Audio/Video Recording
The terms "one party consent" or "two party consent" are actually misnomers. More accurate terms would be “one party knowledge” or “all party knowledge.” In a one party state, as long as one participant in the communication is aware of the recording, the recording is legal. This would come into play if a third party surreptitiously recorded a communication (by, for example, putting a tap on a phone line) without anyone actually participating in the communication knowing. In an all party state, everyone participating in the communication must be aware that the recording is being made. That is over-simplified as other circumstances come into play (public or private place, etc.), but I hope it explains the general concept.
In your case, since KY is a “one party” state, her recording of the communication would seem to be legal. If she were to publicly post the contents, depending on the circumstances, you COULD have civil or criminal recourse…but, like I say, it would depend on the circumstances. I don’t see that you have any recourse to force the recording be destroyed at this point.
Re: Audio/Video Recording
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PTPD22
The terms "one party consent" or "two party consent" are actually misnomers. More accurate terms would be “one party knowledge” or “all party knowledge.” In a one party state, as long as one participant in the communication is aware of the recording, the recording is legal. This would come into play if a third party surreptitiously recorded a communication (by, for example, putting a tap on a phone line) without anyone actually participating in the communication knowing. In an all party state, everyone participating in the communication must be aware that the recording is being made. That is over-simplified as other circumstances come into play (public or private place, etc.), but I hope it explains the general concept.
In your case, since KY is a “one party” state, her recording of the communication would seem to be legal. If she were to publicly post the contents, depending on the circumstances, you COULD have civil or criminal recourse…but, like I say, it would depend on the circumstances. I don’t see that you have any recourse to force the recording be destroyed at this point.
Thank you PTPD22. In this case, since California is a two-party knowledge state, wouldn't the individual have broken California law?
Re: Audio/Video Recording
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jarretwam44
Thank you PTPD22. In this case, since California is a two-party knowledge state, wouldn't the individual have broken California law?
However, the recording took place in KY. As such, CA would not generally have jurisdiction. And, on the off chance that some DA might decide they did, what do you really expect them to do about it? It's a minimal misdemeanor ... they are NOT going to seek an arrest warrant to extradite the other party from KY. Of course, there is currently no proof that such a recording exists, and no way the police are going to try and serve a search warrant on the suspect's home half way across the country on a potential misdemeanor.
So, basically, don't expect any law enforcement help here.
If she tries to blackmail you to do or give her something, then you may well have a valid criminal complaint to make. But, at the moment, you appear to have bupkiss.
Bottom line: Never say anything over a computer or phone connection with someone who is, essentially, a stranger unless you are willing to see and hear it plastered everywhere.
Re: Audio/Video Recording
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cdwjava
However, the recording took place in KY. As such, CA would not generally have jurisdiction. And, on the off chance that some DA might decide they did, what do you really expect them to do about it? It's a minimal misdemeanor ... they are NOT going to seek an arrest warrant to extradite the other party from KY. Of course, there is currently no proof that such a recording exists, and no way the police are going to try and serve a search warrant on the suspect's home half way across the country on a potential misdemeanor.
So, basically, don't expect any law enforcement help here.
If she tries to blackmail you to do or give her something, then you may well have a valid criminal complaint to make. But, at the moment, you appear to have bupkiss.
Bottom line: Never say anything over a computer or phone connection with someone who is, essentially, a stranger unless you are willing to see and hear it plastered everywhere.
Hi cdwjava,
I appreciate your response. Lesson learned. At this point, all seems okay. She is a friend, not a stranger, and I guess I was just more worried about it getting out at some point. She has assured me it has been deleted. I was not really in this to get her in trouble; was just curious as to the legality.
Once again, thank you for your help.