Legal Issues with MacSpeech Dictate?

[rdav]

My clients would like to use software such as MacSpeech Dictate to take better notes on various business conversations over the phone etc. However, they would prefer to clarify the legal and moral context since it would be practically impossible to get releases for every relevant call.

Some States in the USA require mutual consent before recording phone (and other) conversations. Of course, manual notes are still permitted. But where does an accurate, real-time, digital note-taking and dictation process fit in to that regulation?

Is it considered an advanced, "super pencil" or something more? Also, does the software make some sort of short-term, internal, temporary recording to facilitate it's process? And does that even mater if the user has no access to that recording? It is understood that the quality may be "iffy" for the untrained voices on a call, but the technology continues to improve, so this is still a good question.

We have received no answers on any of this from Nuance so any advice and suggestions would be appreciated.

 

[old-wiz]

I doubt that anyone here is qualified to give an answer on this. If it's for business, the smart thing to do is consult an attorney familiar with such matters. If a business is involved, it's very important to discuss with an attorney to prevent being sued or prosecuted by various legal jurisdictions.

 

[chown33]

First, I don't think you're going to get MacSpeech Dictate to be accurate. If I were you, I'd try it on a few test calls where both parties know it's active, and see what happens.

Second, a legally supportable answer is going to require a legal opinion, something you're unlikely to get here. If you don't want to pay for a legal opinion, then you should try answering the technical feasibility question first. No sense getting a legal opinion for something that's too impractical to work.

Third, an answer might depend on how you're using the output, which is essentially an uncertified transcript. How would things differ if there were a certified human court recorder transcribing the conversation. What would be the ramifications if their transcription were inaccurate. What threshold for accuracy would you need. If accuracy is important, what do you do if the accuracy is contested.

http://www.doonesbury.com/strip/retro/timeline/90s/930827.html