Federal law only takes precedence on issues that under the Constitution of the United States that federal law takes precedence. All other issues are reserved for the states and state law takes precedence. Therefore there are lots of things where the feds cannot overrule the states. The feds will often propose legislation and encourage the states to adopt it, but the states are not required to do so.
This is an issue where I am often in disagreement with some of the other posters on these forums. It is my opinion that what is done with any recording is what matters. Therefore I am in agreement with you that if a recording is never used in any way (other than to jog the memory of the person who made the recording) or disclosed in any way that its not a violation of the law.If someone records a telephone conversation as one-party consent in Maryland, and the conversation is never used or disclosed by the one-party, what would the damage be ... where is the injury? I would like to read some case law (civil or criminal) regarding this if someone can point me in the right direction.
Thanks.
Other members here feel very strongly that if the recording is made at all its a violation of the law. The bottom line however is that if no disclosure of the recording is ever made, and therefore nobody ever knows about it, someone cannot be prosecuted for it.

