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  1. #1

    Default Recording Private Phone Calls

    My question involves civil rights in the State of: California

    A person who live in Miami (two party state) has been repeatedly calling California (two party state) businesses phones while recording and broadcasting the phone calls live thru Youtube, the calls are used to get customers kicked out of and even banned from those businesses. The calls are usually along the lines of "so and so is doing lude acts under the table", "so and so is abusing their kids", "so and so is trying to buy alcohol from your store to give to kids", "so and so is exposing their body parts to 12 year old kids inside your businesses", "your pharmacy employee gave someone the wrong meds and now they are over dosing", etc etc etc

    The person making the calls usually targets the same people over and over (some people have been targeted 4-8 times). The caller's claims are always 100% false. The Caller broadcasts LIVE as he films himself making these calls and broadcasting the businesses' private phone call interaction without being told they are being recorded.

    Now here is where the question comes into play, state law in California and Florida state 2 party consent on recording however this guy claims as long as he calls outside of Florida then Florida law nor other state laws have any effect on him and that it goes to federal law ( the law he uses is 18 U.S.C. 2511(2)(d)..). However that law states "unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State."

    So Is the caller correct that he can record and broadcast ANY phones he makes a call to without consent as long as he calls outside of Florida or is he still braking the law?

  2. #2
    Join Date
    Mar 2013
    Posts
    16,668

    Default Re: Recording Private Phone Calls

    He is located in Florida he has to obey Florida law.

    Somebody should be calling the Florida authorities on him. Why hasn't that happened.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,269

    Default Re: Recording Private Phone Calls

    The problem is that the offense is arguably occurring in a state across the country (though an argument can also be made that the offense occurs in the state of the recording not the location where the call is received - as a note I have seen opinions both ways on this). In CA this is a misdemeanor. As such, law enforcement is unlikely to pursue criminal charges against a person in FL who is making the calls. Additionally, because it is a misdemeanor, they cannot generally obtain a search warrant for records. You CAN request a phone trap through your phone service provider (if they have the means) and they can forward the info on received calls for a designated period of time (typically 30 days). Even with this information, prosecution is unlikely.

    Alternatively, if you can find out the jurisdiction of the originating call and recording, the local police there MIGHT be willing to pursue a case for violating FL state law. But, you might then have to fly across the country to testify if they do choose to pursue it.

    Have you considered blocking the number? Or, simply not rising to the bait? It would be an awfully boring video if the receiving party remained calm, collected, and professional.
    **********
    Retired Cal Cop Sergeant & Teacher

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    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4

    Default Re: Recording Private Phone Calls

    Well we know who the guy is and general area, he is in Miami.

    The problem about blocking or remaining calm is this, he calls numerous locations. Like he finds out where a person is eating food at or what hotel they are staying at etc, then he makes the calls to management, if he finds where a person is working he calls the boss, does this every night over and over. He just made another call last night to the new hotel's front desk claiming hookers and drugs was in the room (again 100% lies). He was using Youtube live stream to record himself doing this.

    He claims that as long as he calls outside of Florida then 18 U.S.C. 2511(2)(d) protects him, but I have told him that law does not protect him if he is recording the calls for malious reasons and he claims I am a idiot who does not know the laws. The calls and recordings are being done from Miami where it is a Felony but he just keeps saying Florida nor California laws pertain to him.

  5. #5
    Join Date
    Jul 2010
    Posts
    7,596

    Default Re: Recording Private Phone Calls

    Instruct your staff when they get a report of something going on to say no more than "Thank you for the information. We will look into it. Good day." and end the call.

  6. #6

    Default Re: Recording Private Phone Calls

    "What is your relationship to this situation?" That question is irrelevant to the situation as this is specifically pertaining to the law itself.

    Instructing the staff is a issue as it pertains to numerous staffs, the person is calling numerous locations but all directed at the same individuals.

    Like the individual decides to get a hotel room, then this caller finds out and then the front desk ends up with a call that a crime has been done inside the room...person goes to a food establishment and the caller finds out...that location gets a call claiming a crime is being done by the individual....change hotel or food establishments and then those too get same type of call by the same caller.

    The caller live streams himself on Youtube live as he makes the calls, then he tells his viewers there is nothing that can be done and then claims 18 U.S.C. 2511(2)(d) protects him from state laws on the situation and tells his viewers 18 U.S.C. 2511(2)(d) gives him a right to make these calls and record then rebroadcast the calls.

  7. #7
    Join Date
    Jul 2010
    Posts
    7,596

    Default Re: Recording Private Phone Calls

    Have you tried complaining to Youtube?

  8. #8

    Default Re: Recording Private Phone Calls

    Youtube has took the guy's live stream ability from him 2 or 3 times however he just makes a new account and is right back live streaming with in hours or so. Filing copyright complaints can be a issue also
    because when you file a copyright they generally will give the person ALL your real info. He also tends to delete his live streams after he live streams himself making the calls (but many clips of what he is doing has been saved).

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