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?
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.
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