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more on California Supreme court prohibits recording Californians without their consent - regardless of where you are.
From: David Farber <dave () farber net>
Date: Fri, 14 Jul 2006 09:55:29 -0400
might work against corp who do business in Cal Begin forwarded message: From: Lauren Weinstein <lauren () vortex com> Date: July 14, 2006 9:52:23 AM EDT To: dave () farber net Cc: lauren () vortex comSubject: Re: [IP] California Supreme court prohibits recording Californians without their consent - regardless of where you are.
Dave, My "I'm not a lawyer" analysis of this ruling suggests that its enforceability may be problematic against entities who do not have a physical nexus here in California. It's this state by state variation in 1-party vs. multiple-party laws on recording that has made the interstate situation so complicated, and it's not clear that anything short of changes at the federal level will be able to harmonize these laws. Obviously, I'd prefer to see all states forced to abide by the multiple-party (all-party) standard, since the current situation is utterly loophole-ridden. --Lauren-- Lauren Weinstein lauren () vortex com or lauren () pfir org Tel: +1 (818) 225-2800 http://www.pfir.org/lauren Co-Founder, PFIR - People For Internet Responsibility - http://www.pfir.org Co-Founder, IOIC - International Open Internet Coalition - http://www.ioic.net Moderator, PRIVACY Forum - http://www.vortex.com Member, ACM Committee on Computers and Public Policy Lauren's Blog: http://lauren.vortex.com DayThink: http://daythink.vortex.com - - -
Begin forwarded message: From: Ethan Ackerman <eackerma () u washington edu> Date: July 13, 2006 3:35:59 PM EDT To: David Farber <dave () farber net> Subject: California Supreme court prohibits recording Californians without their consent - regardless of where you are. Greetings Dave, Many people, especially reporters, are familiar with state laws prohibiting phone conversations from being recorded without the consent of one or both parties to the call. Some states, and federal law, require only 1 party to consent, other states require both or all parties to consent. California is one such 'all-party' consent state. (Think Linda Tripp recording Monica Lewinsky talking about her boss, or the floridian couple recording Newt Gingrich coordinating his ethics probe with John Boehner, as past examples of this distinction.) Well today, the California Supreme Court found that Georgia-based employees of the Solomon Smith Barney brokerage who were taping California customers with out notice or consent violated California laws, even if they might have been complying with Georgia's '1 party' consernt laws. While the court refused to fine the brokers, finding their reliance on Georgia law reasonable, it did enjoin them from taping Californians in the future. Case is here: http://www.courtinfo.ca.gov/opinions/documents/S124739.PDF This decision will likely have a large impact on investigative reporting, and has definite impacts on other areas of privacy and consumer protection law as well. -Ethan ------------------------------------- You are subscribed as lauren () pfir org To manage your subscription, go to http://v2.listbox.com/member/?listname=ipArchives at: http://www.interesting-people.org/archives/interesting- people/
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- more on California Supreme court prohibits recording Californians without their consent - regardless of where you are. David Farber (Jul 14)