Legal Question in Criminal Law in California
What does California law say about recording only ONE SIDE of a conversation without consent? It seems to me that there's a big difference between recording both sides and recording only one, but perhaps the law doesn't make that distinction.
Thanks!
2 Answers from Attorneys
Recording without disclosure and consent of all parties is a felony under state and federal law. Do so at your peril, you could be prosecuted under both.
You can't record anyone without their consent, or a court order. If you were taping yourself, it wouldn't really matter, but you would have to stop taping when the other person spoke. Conversations in real life are like Robert Altman films, with overlapping dialogue, so it wouldn't even be practical or recommended for you to tape yourself, when someone else is involved.
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