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  1. #1
    Join Date
    Mar 2012
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    3

    Default Audio/Video Recording

    About a month ago, I had a Skype chat with a female friend of mine. I live in Los Angeles, CA, she lives in Kentucky.

    AFTER our conversation, she notified me she had recorded the conversation.

    Is there anything I can do? The chat contains very personal information and such. Stupid mistake on my part, and lesson learned.

    But just curious as to the legality. Also, we are both adults.

    To be honest, I'm not looking to get the individual in trouble. I'm not out to make something huge out of this. All I really want is the recording deleted.

    Based on my understanding, Kentucky is a "one party consent" state, while California is a "two party consent" state. I don't really get the idea of "one party consent" though..so basically, the person recording is consenting to themselves to record?

    Does this pertain to video recording as well?

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default 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.

  3. #3
    Join Date
    Mar 2012
    Posts
    3

    Default Re: Audio/Video Recording

    Quote Quoting PTPD22
    View Post
    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?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Audio/Video Recording

    Quote Quoting jarretwam44
    View Post
    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.

  5. #5
    Join Date
    Mar 2012
    Posts
    3

    Default Re: Audio/Video Recording

    Quote Quoting cdwjava
    View Post
    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.

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