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  1. #7
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    Default Re: Federal V.s. State Law in Taping Phone Calls

    Quote Quoting TLark
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    Based on what I read ... Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call.
    Incorrect. Federal law makes it illegal to record a phone/electronic communication unless at least one party to the communication consents. That's a very different thing.

    Quote Quoting TLark
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    However, Maryland is an All-Party consent state which is contrary to Federal law. As a non-lawyer I find this problematic. Would not Federal law take precedence in court?
    There's no conflict. Federal law says it's illegal unless at least one party consents. Maryland law says its illegal unless all parties consent. You must comply with both. If you only comply the federal law, then you aren't violating the federal law, but you're violating the state law. States are allowed to enact laws that are stricter than federal law.

    Quote Quoting TLark
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    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?
    Not really sure what you're asking here, but I'm sure that one-party and all-party consent laws are violated every day without any consequence.

    Quote Quoting llworking
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    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.
    That's silly. It's a little like saying that, if I'm traveling at 50mph in a 50mph zone and no one is around and I briefly accelerate to 51mph and no one sees me and no harm results, then I haven't violated the law against speeding.

    While your comment about the practical aspect of things is well-taken, what law do you think exists on this issue that says no violation occurs if the recording is "never used in any way (other than to jog the memory of the person who made the recording)"?

    Quote Quoting RJR
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    TLark, the federal statute applies to Interstate Commerce, in other words, across state lines. It is not a matter of
    pre-emption or "occupying the field" with federal legislation. If Congress wishes to do so by that doctrine, they can. Whether or not that would hold up Constitutionally, I have no opinion on that.
    All telephone communications are part of interstate commerce -- even those that take place between persons in the same state. If Congress wanted, it constitutionally could preempt state laws on this issue.

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