Topic: recording conversation

[vegaspunx]

i've been asked by someone i know if i could secretly record a meeting that is to take place in their living room and was wondering what would be the best way to do this i have either a microtrack 24/96 w/ studio projects c-4 mics or i have a r-09 with the internal mics i have not battery box or preamps for the microtrack

[darby]

do you know that it is illegal to record someone without their knowledge?
hope you don't want to use it in court

[vegaspunx]

no not for court exactly

[darby]

no not for court exactly

no need to elaborate... just be careful 

[acidjack]

no not for court exactly

no need to elaborate... just be careful 

Actually, I believe that recording conversations and legality is a state-by-state issue.  For instance, in many states there is "one-way consent" for recording phone conversations (i.e., I call you, record you talking to me; I do not need your consent).  This is in fact the very thing that got Bill Clinton in trouble, because Linda Tripp happened to be in a "one-way consent" state when Monica Lewinsky called her up...

I am pretty sure these same rules apply to an in-person conversation. 

But yes, if you are using this for any kind of legal proceeding, you should ask your lawyer, or a lawyer qualified to practice law in your state, about the specific laws of your state.

[rastasean]

I know the police can do this in all 50 states without any consent or information from the person they are recording so why not do it anyway.

I would say binaural mics would work quite well. Will this be a loud living room or pretty quiet?

[DSatz]

The police and FBI, etc., are limited in what they may lawfully record even when carrying out official investigations of criminal activity. Audio surveillance requires a warrant, and it is potential police and/or prosecutorial misconduct (which can get a criminal case thrown out of court on a defense motion) if surveillance occurs without one. If you're not a prosecutor, police officer or detective and you're not carrying out an official investigation, you can't assume the authority to conduct surveillance.

I'm not a lawyer and I'm not asking you to take my word for any of this. I'm just trying to say why you may want to consult an attorney before doing something that could get you into potentially heavy legal trouble. In some situations, recording a conversation to which you are a party isn't a criminal violation and wouldn't expose you to any civil action--but divulging the contents of the recording to any third party (or recording a conversation to which you're not a party) would step over that line in a major way. In some situations the means of communication (e.g. use of Federally regulated telephone systems) becomes a potential legal issue.

It's not like on TV or in the movies; there's no special legal protection for citizens who take vigilante action.

--best regards

[wklitz]

So are you saying I should stop using my hidden bedroom camera when coming home from the bar with a "guest"?

[Chuck]

I record and edit telephone conversations for a living.
In the state of Colorado we say, "This call is being recorded." into every call. That covers us.

As others have said the laws vary by state. 

[cybergaloot]

So are you saying I should stop using my hidden bedroom camera when coming home from the bar with a "guest"?

Don't laugh. A few years ago they arrested a guy here in Tallahassee who had been bringing home women and secretly filming and recording audio of them in bed with him. Something like 760 women! ... I'm suddenly feeling inadequate