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
PREMIUM
Answered
  • Immigration Law Lawyer
  • Greenville, SC

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.