It's not about California, it's about the rest of the world - most places are 2 person consent.The notification was inevitable. California, the only place Apple acknowledges as true reality, is a two party consent state. This is essentially required for them to avoid legal problems. I know it's not actually their problem, but it is California and they do have trillions of dollars everyone is trying to get a piece of.
It's not about California, it's about the rest of the world - most places are 2 person consent.
Single person consent to record a two person (or more) conversation is not consent in any way shape or form.
By its very defiant consent is asking permission from another individual. Recording someone without their knowledge is not consensual in any way shape or form.One can argue that, but many US states have decided that it is consent. It seems it’s split fairly evenly and there is no federal law. As far as I’ve always been told, it is state based.
By its very defiant consent is asking permission from another individual. Recording someone without their knowledge is not consensual in any way shape or form.
What the US states have done is legalized recording someone without consent, which most of the rest of the world would never do. It's a very strange law. Genuinely curious though, are there any other examples in the US of non-consent consent?
According to the story, an audible statement that can be heard by everyone on the call will inform them they are being recorded.Forgot the /s…
If not, then you better have consent in some places 🙂
I deal with this stuff daily... It's not black and white. It really depends where you are and who's on that call...According to the story, an audible statement that can be heard by everyone on the call will inform them they are being recorded.
If I don't hear the message, I will tell the person online that I'm recording the conversation. I don't live in a state where giving notice of a recording is required, but it's the ethical thing to do. And, yes, people should be aware of the laws requiring notice in their state because they could find themselves in serious trouble.I deal with this stuff daily... It's not black and white. It really depends where you are and who's on that call...
One-Party vs. Two-Party Consent
In the United States, laws regarding call recording vary by state:
- Most states follow "one-party consent" rules, meaning only one person on the call needs to consent to the recording (typically the person doing the recording).
- Some states require "two-party consent" or "all-party consent," where all participants must agree to be recorded.
Two-Party Consent States
The following states require consent from all parties on a call:
- California
- Connecticut
- Florida
- Illinois
- Maryland
- Massachusetts
- Michigan
- Montana
- Nevada
- New Hampshire
- Pennsylvania
- Washington
Best Practices
Even in one-party consent states, it's generally recommended to:
- Inform all parties that the call is being recorded.
- Obtain explicit consent from everyone, especially if participants are in different states.
- Provide notification at the start of the call, such as "This call is being recorded".
International Considerations
- Canada requires consent from all parties on a call.
- Many other countries like the UK, India, and Germany also require two-party consent.
Business Context
For businesses:
In summary, while laws vary, it's safest to get consent from all parties before recording any call, especially in a business context or when participants are in different locations.
- Federal law allows recording with one-party consent.
- There's a "business telephone" exception allowing employers to record calls on company-provided phones.
- Obtaining consent helps protect against potential legal issues.
Disregard - I installed the update.14PM loaded the software now.