[wplug] Software to record phone conversations?

[Bill Moran]

Bryon Gill <bgtrio at yahoo.com> wrote:
> Well there's your answer.  Have them call you, and set up an answering machine. 
> Have the message say something like "I'm screening my calls for quality 
> purposes.  Telemarketers please hang up now. This call will be recorded.  If you 
> are not a telemarketer please say your name clearly at the beep."
> 
> Then, you know, make a beep noise. :)

Agreed.  (again, with the disclaimer that I'm not a lawyer) I believe the
law states something along the lines that the conversation _can_ be
recorded if no party had a "reasonable expectation of privacy".  In
other words, it's up to the person who claims they didn't consent to
_prove_ that they had no way of knowing they were being recorded.
(to my knowledge, the "beep" sound has nothing to do with it, other
than the fact that you could argue in court that _anyone_ with any
intelligence whatsoever knows that a beep signals a recording has
started)

Otherwise, you could sue anyone who's answering machine didn't clearly
state that it was recording you on the grounds of ignorance.  It also
protects the media ... if they have a camera and microphone out, you
can't claim to have had any expectation of privacy, even if they didn't
clearly state that they were recording the conversation.

> On Wed, 10 Nov 2004 cdemarco at fastmail.fm wrote:
> 
> > On Tue, Nov 09, 2004 at 07:56:23PM -0500, Richard Farina wrote:
> >
> >> I do believe that it is legal to record a call as long as there is a
> >> *beep*, i.e. answering machines...... enjoy ;-)
> >
> > That's a one-party conversation;   by  speaking into the machine   the
> > caller implicitly agrees to having his conversation recorded.

-- 
Bill Moran
Potential Technologies
http://www.potentialtech.com