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Most states, as well as the District of Columbia, allow surreptitious recording of conversations—on the phone or in person—as long as one person involved gives permission, even if that person is you. Because the two men conducting the NPR sting were aware of their own recording, which took place in Washington, D.C., it was legal. (If no parties know about it, that’s wiretapping, which requires a warrant.) What’s surprising is how many states, in this age of Flip cams and camera phones and surveillance cameras and helmet cams,have “two-party consent” laws. In 12 states—California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington—all parties involved need to consent before one of them can record the conversation.
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Broken Record Laws
Why do 12 states still make it illegal to tape people without their knowledge?
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