Another thread's video made me wonder. I think there is a lot of confusion surrounding what is and what is not legal when it comes to audio and/or video recording someone.

I get the rules vary from state to state. But I'll bet there are some general guidelines, and if not, I wonder how one can find out what's legal from state to state.

is audio recording different from video recording someone?

If so, what if the video recording includes audio as part of the video?

Can you tape anyone anytime in a public place? obviously not tasteless things like up skirts, children at the public pool, etc, but within reason, is it generally legal?

But I think audio taping a phone call is not legal unless both parties give permission?

Wanting to learn.... Thanks in advance.

I will speak for Maryland since that's where I live and know the laws. Video and pictures are good to go in public. Audio in Maryland must have two person knowledge. I say knowledge because it seems consent doesn't really matter.

If you taping them in secret that a problem well the audio is a problem. If you standing there with a camera your good to go as I understand the law. The person may not like that you're recording them but since your standing there with a camera they have knowledge that they are being recorded.

I am not a lawyer though and didn't sleep at a Holiday Inn last night. I know the laws for photographing much better. Above is my understanding of the law though.

Laws differ state to state and audio is often treated differently than video/pictures.

In general, photographing people in public places is not illegal, and videos are just continuous photographs.

Recording conversations really does depend on state law. In Colorado, I can record a conversation that I’m a party to even if the other party isn’t aware of the fact. On the other hand, Linda Tripp evidently ran afoul of Maryland(?) law when she recorded their phone conversations without Monica Lewinsky’s knowledge. Federal law permits recording a conversation if one person is aware and agrees to it—or did the last time I checked.

Although it happens all the time without anyone’s suffering any penalties for it, in general it’s illegal to record a conversation that one is not party to. Unless there are exceptions in case law, etc., that I’m not up to date on, it would be technically illegal most of the time to record a conversation between an LEO and DUI suspect, for example, unless one of them was aware of the fact as a minimum. Another provision of Federal law that most people are unaware of is that although it’s okay for me to listen in on something like a police radio call, it’s illegal to reveal the content of that call to a third party (again, I’m assuming the law hasn’t changed since I last checked).

I’d be interested in any updated information on the subject. Another thing I’ve wondered about are audio recordings by police body cameras. Under the basic laws of some jurisdictions they might also be illegal if the person being recorded wasn’t aware of the fact.

In my state it is legal for me to record any phone call/conversation I want as long as I am aware I'm recording. My cellphone and office phone both automatically record all calls placed and received, I delete them following the call if I don't want to keep them. I use an app on my cellphone and my phone system for my business lines.

It has come in handy several times. Often, just to make sure I remember things correctly...which is sometimes a problem.

My understanding is it's state to state. PA only one person has to know there's a recording being made. I have a few saved recordings of former customers threatening to kill me, the police were interested in them when I filed my report.

Definitely state to state. I disagree that there are general guidelines applicable everywhere.

I'm in IL and the law is pretty restrictive on what you can record without permission.

Kind of off topic but related, if you need a cheap recording device this one has worked well for me so far. https://www.amazon.com/dp/B06X...cp_api_393uzbECDVDF5

quote:

Originally posted by sigfreund:
..........audio recordings by police body cameras. Under the basic laws of some jurisdictions they might also be illegal if the person being recorded wasn’t aware of the fact.

Locally there was some concern that they would have to turn the recording devices off if they entered a private residence. I didn't hear any more about this, so maybe this concern was resolved.