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Federal Law

• The federal Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. Sec. 2510 et seq., prohibits the willful interception of telephone communication by means of any electronic, mechanical, or other device without an applicable exemption.

Federal Exceptions

• Consent: In the absence of more restrictive state law, it is permissible to intercept and record a telephone conversation if one or both of the parties to the call consents. Consent means authorization by only one participant in the call; single-party consent is provided for by specific statutory exemption under federal law. 18 U.S.C. Sec. 2511(2)(d).

Penalties

• The federal statutes provide criminal penalties for unlawful interception of telephone conversations, including up to five years' imprisonment or a maximum of $10,000 in fines. They also allow for civil remedies, by which private parties are entitled to recover actual and punitive damages, together with fees and costs.

One Party States

• One party to the conversation must have knowledge and give their consent to the recording of the conversation. In the most simple terms, this means that if you were having a conversation with another person and you "secretly" recorded that conversation, since "one party," (you) were aware that the recording was being done, no law was being violated. In the event the party you had the conversation with later changes what they told you, the tape could be used as rebuttal. This does not mean, nor does it imply that it is "legal" to tape conversations that you are not a party to and without question, that would be an invasion of privacy and a state and federal crime.

Two Party States

• All parties to the conversation must have knowledge and give consent. In all two party recordings of telephone conversations for evidentiary use, an audible notification "beep" must be provided every 15 seconds to make all parties aware that a recording is taking place.

One Party States

Two Party States

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