D. you are breaking the law. Its not you that gives consent to recording, its the person you're recording. The way you say it, its like a criminal who sanctions the use of his gun or not.
" Recording Interstate or Intrastate or Foreign Telephone Conversations
The FCC protects the privacy of telephone conversations by
requiring notification before a recording device is used to
record interstate or foreign telephone conversations. These
types of conversations may not be recorded unless the use of
a recording device is:
preceded by verbal or written consent of all parties to
the telephone conversation; or
preceded by verbal notification which is recorded at the
beginning, and as part of the call, by the recording
party; or
accompanied by an automatic tone warning device,
sometimes called a beep tone, which automatically
produces a distinct signal that is repeated at regular
intervals during the course of the telephone conversation
when the recording device is in use.
Also, no recording device may be used unless it can be
physically connected to and disconnected from the telephone
line or switched on and off.
The above FCC rule requirements apply to telephone common
carriers. Similar requirements are imposed on consumers
through the carriers' tariffs.
Complaints about Recording Interstate
or Foreign Telephone Conversations
The FCC's role in assisting consumers who believe their
telephone conversations were unlawfully recorded is generally
limited to ensuring that telephone companies enforce their tariff
provisions regarding recording of telephone conversations.
If you believe that someone recorded an interstate or foreign
telephone conversation without complying with one of the
procedures specified above, you should first contact your local
telephone company for assistance. If you are unable to resolve
your complaint yourself, you can send a written complaint
letter to:
Federal Communications Commission
Common Carrier Bureau
Consumer Complaints
Mail Stop Code 1600A2
Washington, D.C. 20554
Your complaint letter should include the following information:
You name, address, and a telephone number where you
can be reached during the business day;
The telephone number involved with your complaint
(your home, business or other telephone number where
you placed or answered the recorded call);
A summary of your complaint, including:
the name, address and telephone number of the party
who recorded the conversation;
the date and time of the recorded conversation;
the name of the telephone company you contacted in an
effort to resolve your complaint yourself; and
the names and telephone numbers of the telephone
company employees you spoke with, and the dates you
spoke with them.
Recording Intrastate Conversations
Questions or complaints about recording intrastate
conversations (calls placed within the same state) should be
addressed to the state public utility commission for that state.
You can contact your local or state consumer office to obtain
the telephone number and address for your state public utility
commission. This information also may be listed in the
government section of your telephone directory.
Interception and Divulgence
of Radio Communications
There are federal and state laws governing the interception or
divulgence of radio communications, including the interception
or divulgence of telephone-related radio communications such
as cellular or cordless telephone conversations. These laws
may make an activity unlawful and may subject the violator to
severe criminal penalties.
You can browse and download the FCC's Fact Sheet on
Interception and Divulgence of Radio Communications from the
World Wide Web at:
fcc.gov
You can obtain a copy of this Fact Sheet by calling one the
following FCC telephone numbers:
National Call Center, toll-free at 1-888-CALL FCC (1-
888-225-5322). |
