Security and Technology Ramblings…

Individual states have leeway in whether two party consent is required to legally record a call. Georgia is a single party consent. In other words, if you and I talk on the phone, it’s legal to record the call if only one of us know about it.

A federal court (2nd U.S. Circuit Court of Appeals) today judged it legal for single party recording and that it is not considered illegal under the wiretap act as long as it is done for legitimate purposes.

Link from wired.com: (Click)

So, does this ruling supersede individual state laws? My thought is that it will not. The ruling dealt with claims brought under the Federal Wiretap Act. It did not address state wiretap laws. (the federal law is “In the absence of more restrictive state law”).

Here is the actual decision: (Click)

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