Asked in Communications Law for Maryland

Q: can someone outside usa record phone call between two people in a two party consent state?

so the question is if lets say you and one person are in a 3 way call with someone outside the usa, can the person outside the usa record the call risk free? as in cant be jailed? as well as could they share the recording with the two or even one who are in the two party consent state?

Related Topics:
1 Lawyer Answer
Kenesha A Raeford
Kenesha A Raeford

A: No, more than likely the consent law protections apply to the person being recorded. Different states may enforce the applicability of these rules differently. To be on the safe side it is better to just ask permission to record. Ultimately the answer of this question really depends on the states involved and where the individuals involved in the call reside, and how those the courts of that jurisdiction have determined how to enforce these laws.

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.