Q: What laws apply in terms of the recording of phone calls placed between the United States and Canada?

I'm currently in Canada (Québec) on a long-term visitor's permit; I've been here for 6 months and I'll be here for at least another 3. I do not hold a work or study visa, and I have no resident status, but I do hold a lease. I'm a US citizen and my prior and long-time residence was in Florida, but I do not currently have a lease or own a home there. My phone number still reflects a Florida area code, and the address of record on many of my accounts (including my cellular account) is my old Florida address.

I'm expecting a call from someone in Florida, and I would like to record it. The law of the land in Canada permits the recording of a phone call without any special provisions as long as one is a participant in the call. However, Florida is a two-party consent state.

Can I go by the law of the land where I physically find myself in this case? Does it make a difference if I call them versus if they call me?

Edit: No idea how this got filed under California...

1 Lawyer Answer
Allen C. Ladd
Allen C. Ladd
  • Immigration Law Lawyer
  • Greenville, SC

A: This is not a US immigration law question, either.

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