Quote Quoting nj1234
View Post
Ok. Does me just merely talking establish participation or must there be active dialogue / acknowledgement between two or more people?
How are you talking but not actually a part of the conversation? Being a party to the conversation means you are one of the people participating in the conversation — i.e. you are part of the group having the conversation. If you are talking on the phone in the next room then you are not a party to the conversation. The situation has to be such that the typical person would consider you to be part of the conversation that is taking place. Trying to find some loophole to record a conversation between others that does not involve you could come back to bite you. You don’t want to try introducing a recording that turns out to be illegally recorded in court. Not only would the recording not be allowed as evidence, you’d risk criminal prosecution for having made the recordings. I think you know when you are included in a conversation and when you are not. If the others would not regard you as a participant in the conversation, you have a problem.