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To: Alan Smithee who wrote (218449)	9/4/2007 12:48:04 PM
From: Snowshoe	Read Replies (1) \| Respond to of 793928

>>in Washington State, it's illegal to record a conversation without the permission of all involved<< A conversation in the open air, as opposed to a telephone conversation? That would make it practically illegal to use a camcorder in public places.

To: Alan Smithee who wrote (218449)	9/4/2007 3:49:52 PM
From: mph	Read Replies (1) \| Respond to of 793928

Isn't that only if the conversation takes place under circumstances where there is a reasonable expectation of privacy? For example, I believe that in CA one could legally record a conversation taking place in an outdoor cafe within the earshot of other patrons or servers regardless of whether the recordee gave permission. Under the Federal rules, only one person must consent. Linda Tripp got into trouble under Maryland State rules, if I recall correctly, because she secretly recorded Monica over the telephone.

To: Alan Smithee who wrote (218449)	9/4/2007 6:18:27 PM
From: mph	Respond to of 793928

Did a quick search on N.Y. law. I think Lindy's right. That charge probably won't survive. ARTICLE 250--OFFENSES AGAINST THE RIGHT TO PRIVACY Section 250.00 Eavesdropping; definitions of terms The following definitions are applicable to this article: 1. "Wiretapping" means the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the consent of either the sender or receiver, by means of any instrument, device or equipment. The normal operation of a telephone or telegraph corporation and the normal use of the services and facilities furnished by such corporation pursuant to its tariffs or necessary to protect the rights or property of said corporation shall not be deemed "wiretapping." 2. "Mechanical overhearing of a conversation" means the intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present thereat, by means of any instrument, device or equipment. 3. "Telephonic communication" means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception (including the use of such connection in a switching station) furnished or operated by any person engaged in providing or operating such facilities for the transmission of communications and such term includes any electronic storage of such communications. 4. "Aural transfer" means a transfer containing the human voice at any point between and including the point of origin and the point of reception. 5. "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system, but does not include: (a) any telephonic or telegraphic communication; or (b) any communication made through a tone only paging device; or (c) any communication made through a tracking device consisting of an electronic or mechanical device which permits the tracking of the movement of a person or object; or (d) any communication that is disseminated by the sender through a method of transmission that is configured so that such communication is readily accessible to the general public. 6. "Intercepting or accessing of an electronic communication" and "intentionally intercepted or accessed" mean the intentional acquiring, receiving, collecting, overhearing, or recording of an electronic communication, without the consent of the sender or intended receiver thereof, by means of any instrument, device or equipment, except when used by a telephone company in the ordinary course of its business or when necessary to protect the rights or property of such company. 7. "Electronic communication service" means any service which provides to users thereof the ability to send or receive wire or electronic communications. 8. "Unlawfully" means not specifically authorized pursuant to article seven hundred or seven hundred five of the criminal procedure law for the purposes of this section and sections 250.05, 250.10, 250.15, 250.20, 250.25, 250.30, and 250.35 of this article.. Section 250.05 Eavesdropping A person is guilty of eavesdropping when he unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication. Eavesdropping is a class E felony. Section 250.10 Possession of eavesdropping devices A person is guilty of possession of eavesdropping devices when, under circumstances evincing an intent to use or to permit the same to be used in violation of section 250.05, he possesses any instrument, device or equipment designed for, adapted to or commonly used in wiretapping or mechanical overhearing of a conversation. Possession of eavesdropping devices is a class A misdemeanor.