If the person who records the wire, electronic, or oral communication
is a party to the conversation or has obtained prior consent
from one party, he may lawfully record and divulge the contents of
the communication, unless he does so for the purpose of committing
a criminal or tortious act. Wis. Stat. § 968.31.
Under the statute, consent is not required for the taping of a non-electronic
communication uttered by a person who does not have a
reasonable expectation of privacy in that communication. See definition
of “oral communication,” Wis. Stat. § 968.27.
Wisconsin law expressly authorizes civil damages for violations and
allows recovery of the greater of actual damages, $100 for each day
of violation or $1,000, along with punitive damages, litigation costs,
and attorney fees. Wis. Stat. § 968.31.
Recording a communication without consent is criminally punishable
by up to six years in prison and/ or a $10,000 fine. Wis. S tat.§