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Court OKs Covert iPhone Audio Recording
Tootech writes "Using an iPhone to secretly record a conversation is not a violation of the Wiretap Act if done for legitimate purposes, a federal appeals court has ruled. 'The defendant must have the intent to use the illicit recording to commit a tort of crime beyond the act of recording itself,' the 2nd US Circuit Court of Appeals ruled. Friday's decision, which involves a civil lawsuit over a secret audio recording produced from the 99-cent Recorder app, mirrors decisions in at least three other federal appeals courts."
it shouldn't be, IMO
I agree. I call it the "liar's law". Of course, with the dirty politics we have in Illinois, it's no wonder legislators don't want their words held against them.
Free Martian Whores!
There are way too many people lying and getting away with it nowadays, politicians or otherwise. Do I want all my conversations recorded, no, but I've tried to live with the motto of "Say what you mean and mean what you say". I wont say anything about someone unless I am willing to say it to their face and I think that is something missing from society today. I've had instances where a recorded conversation would have come in very handy in defending myself from ex girlfriend's attacks but it wasn't that big of a deal to me.
Why is it important that the recording was performed with this particular device?
Are these kinds of rulings specific to the equipment used, or is this just the kind of story that needs buzzwords to get attention from certain demographics?
My main concern is the ability to record cops while I'm being questioned. I need that protection.
COP: "Sir turn off that recorder."
ME: "Why? So you can beat me up, like the other cops I've seen on youtube beating innocent citizens?"
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
I don't think the old lady who was the lone holdout was "less politically sophisticated". My bet is she was a life-long straight-party-ticket voter. There's a lot of people out there (on both sides) who think that anything is OK as long as their party is the one that's doing it. "He may be a crook, but he's OUR crook"
Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
Lets follow that path a little.
Someone could edit a letter between themselves and someone else and release that, should keeping correspondence without the explicit permission of both parties be illegal because of that?
And if the editing is malicious and misrepresents someone then it should be covered under libel laws.
All your approach does is allow politicians and policemen know when they should actually pay attention to the rulebook rather than having to stick to it all the time.
and if what you are "told to do" is to turn off your legal recording device so they can harrass you then what? You are pathetic with a capital P; just lick the hand that beats you while you are at it.
Deserve? DESERVE?!?! are you friggin kidding me. First while I generally do speak to cops with respect it is because they come at me from a place of respect (like the last bullshit ticket I got which I 100% deserved but the scenario was still bogus and the cop should have warned me and moved on). But, if they start out from a place of bullshit, like pulling me over for no good reason and I KNOW I'm 100% on the legal side, I will and HAVE called a cop a liar to his face
Cop tailgates me in the right lane at 2am for 5 miles with his highbeams on between Cincinatti and Dayon OH. Cruise control is set at one mile below limit. He FINALLY pulls me over:
Cop: I pulled you over because you crossed the white line, ... no ticket and not even a field sobriety test which was why he pulled me over I have no doubt.
Me: That isn't true and you know it, but lets not argue about it
And this has nothing to do with complying with orders. This has to do with legally recording an interaction with a public official to ensure he does not abuse his authority, even while complying. Or more to the point, to PROVE that you complied, and the abuse still happened. You don't think it happens very often huh? Gee I guess we'll have a hard time knowing without the recordings. Oh wait, we DO have the recordings so we know it DOES happen.
If you can't be good, be good at it!