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Communications Law Questions & Answers
1 Answer | Asked in Communications Law, Contracts, Copyright, Internet Law and Intellectual Property for New York on
Q: Does Audio Home Recording Act allow downloading YouTube audio for personal use?

I am wondering if the Audio Home Recording Act, specifically the provision (section 1008) that allows making analog or digital audio recordings for noncommercial use, permits using a theoretical program that downloads YouTube videos' audio as MP3 files for personal use. The program would be... View More

James L. Arrasmith
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answered on May 18, 2025

The AHRA, enacted in 1992 and codified under Title 17 of the U.S. Code, Chapter 10, addresses the legality of making audio recordings for personal use. Section 1008 of the Act states:

"No action may be brought under this title alleging infringement of copyright based on the...
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1 Answer | Asked in Communications Law and Employment Law for Alabama on
Q: Can Alabama employer record audio without being present?

In Alabama, I work in a retail store selling internet, cable, and cell phone plans. My employer, the regional managers, sometimes check surveillance, but it is unclear if they are listening to live audio or recording conversations. I don't recall signing any consent regarding audio recording.... View More

James L. Arrasmith
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answered on May 15, 2025

In Alabama, the law follows a "one-party consent" rule when it comes to audio recording. This means that as long as one person involved in the conversation consents to the recording, it is generally considered legal. So, if your employer is recording audio in the store—even if they... View More

1 Answer | Asked in Communications Law and Internet Law for Oregon on
Q: Asked a Seattle tech company to delete my career site data; rejected claim, citing "U.S. legal obligations." What can I do legally in Oregon?

I recently asked a tech company based in Seattle, Washington to delete my information from their careers website. They informed me via email that they couldn't comply due to "U.S. legal obligations." The information stored includes my resume, contact information, and references.... View More

James L. Arrasmith
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answered on May 15, 2025

You're not alone in wanting control over your personal information, and it's frustrating when a company pushes back with vague explanations. Even though the company is based in Washington, your residency in Oregon may still give you some protection under Oregon’s consumer privacy laws.... View More

2 Answers | Asked in Communications Law, Civil Litigation and Civil Rights for Texas on
Q: Seeking legal advice for electronic harassment and intimidation in Houston, TX.

I have been experiencing electronic harassment for the past 4 years, including feelings of physical discomfort, hearing voices, and intimidation, including threats against my family. I have recordings and pictures of a drone that I believe is involved in this harassment. Despite reporting the... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

A recording or picture of a drone is probably insufficient in and of itself. There are lots of drones. You would need some evidence of exactly what the drone is doing. Without hard physical evidence and the identity of the individuals who are harassing you, this is not a legal problem. Police... View More

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1 Answer | Asked in Communications Law, Gov & Administrative Law and Constitutional Law for Delaware on
Q: How can I prevent online dissemination of Delaware Superior Court records?

I am concerned about privacy issues regarding court records being made publicly accessible online. Specifically, I noticed that a Delaware Superior Court case document appears in search results and seems to drive traffic to legal marketing websites like Justia. I am worried about how this might... View More

James L. Arrasmith
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answered on May 15, 2025

Your concerns are valid—when court documents appear in search results, it can feel like your personal life is being placed under a spotlight you didn’t ask for. In Delaware, like in many states, most Superior Court records are considered public unless they are sealed by the court. This means... View More

1 Answer | Asked in Employment Law, Civil Litigation and Communications Law for Alabama on
Q: I was fired from a company three years ago. I am writing a book that is a career guidance book about growth mindset

and finding work you love. I describe a real situation in the company where my boss told me “we need to work on your exit plan. You need to explore work elsewhere”. This verifiably happened. The book opens with that line, and discusses my subsequent Parkinson’s Disgnosis and lessons learned.... View More

James L. Arrasmith
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answered on May 15, 2025

You're telling a deeply personal story, and it's clear you're trying to do so with care and respect. Based on what you've described—no names used, a fiction disclaimer, and a balanced reflection that acknowledges the company acted in its own interest—it’s unlikely that... View More

2 Answers | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for Tennessee on
Q: Is it legal to use removepaywalls.com for personal or educational purposes to access archived content?

I'm considering using a website called removepaywalls.com for personal and educational purposes, which directs users to the Internet Archive, Wayback Machine, or archive.today to access archived versions of various articles. I'm interested in understanding the legal risks or consequences... View More

Nicholas Arthur Matlach
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answered on Apr 16, 2025

Using websites like removepaywalls.com to bypass paywalls and access archived content through services such as the Internet Archive or archive.today raises potential legal issues, primarily relating to copyright law. The Copyright Act, 17 U.S.C. § 106, grants copyright holders exclusive rights to... View More

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3 Answers | Asked in Communications Law and Constitutional Law for Tennessee on
Q: Is warrant validity affected by delay in obtaining GPS phone data from April 13, 2024-present?

I am involved in a legal case where electronic surveillance search warrants for cellphone location data were granted on August 13, 2024, and August 20, 2024, by the same judge. The warrants are supposed to cover GPS phone location data from April 13, 2024, to the present date. The officer who... View More

Anthony M. Avery
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answered on Apr 15, 2025

What kind of legal case are you in? Criminal would involve an indictment and you might file a motion to suppress evidence elicited through the SW. But going after both SWs as illegal will probably fail as they sound based on probably cause. Your lawyer needs to start representing you. You... View More

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1 Answer | Asked in Employment Law and Communications Law for Georgia on
Q: Can I record a virtual meeting without consent across state lines for transparency issues?

I live in Georgia, which is a one-party consent state. Can I record a virtual work meeting without the consent of others if I am unsure where the other participants are located, but potentially in a two-party consent state? I am a participant in the meeting, and I wish to record it for transparency... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Georgia, which is a one-party consent state, you are legally allowed to record a conversation as long as you are a participant. However, if other participants are located in a state with two-party consent laws, their consent might be required for the recording to be legal. Since you are unsure... View More

1 Answer | Asked in Communications Law and Constitutional Law for South Dakota on
Q: What are South Dakota's laws on recording calls and video chats?

I am planning to record phone calls and video chats. Can you tell me about the laws in South Dakota regarding consent requirements and legal considerations for doing so?

James L. Arrasmith
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answered on Apr 13, 2025

You're smart to check the law before hitting "record"—it’s not just about ethics, it’s also about protecting yourself. In South Dakota, the law follows what’s called a **"one-party consent"** rule. This means you can legally record a phone call or video chat **as... View More

1 Answer | Asked in Communications Law and Gov & Administrative Law for Washington on
Q: Denied internet service due to house odor, need alternatives.

I need internet service at my home, but Ptera has refused to provide it due to a bad odor identified by their technicians. Starlink is unavailable, and both Comcast and CenturyLink refuse to run fiber optic cable to rural areas. How can I address this issue and ensure I receive internet service?

James L. Arrasmith
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answered on Apr 13, 2025

That sounds like an incredibly frustrating and unfair situation, especially when reliable internet is such a basic need. No one expects to be denied service based on something like an odor, and it can feel isolating when you're in a rural area with limited options. While you work on resolving... View More

2 Answers | Asked in Communications Law, Consumer Law and Internet Law for Michigan on
Q: Is installing mSpy without consent legal for phones I pay for?

I pay for two cell phone lines under my account. A family member, who is over 18, uses one of these lines. There are no formal agreements; it was offered for cost-saving purposes. I'm considering installing parental control software, like mSpy, on the device. Is it legal to do so without their... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 4, 2025

Since they are over 18, no. As an adult they have a reasonable expectation of privacy. mSpy can be used to perform covert surveillance, including surveillance of conversations without the consent of at least one party. This could result in you inadvertently committing a felony. In addition, if it... View More

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1 Answer | Asked in Communications Law and Civil Rights for New York on
Q: Is it legal to use cameras with audio in NY restaurants?

I want to know if it is legal to have video cameras with audio in restaurants in New York State. The cameras are visible to the public and employees, but there is no notice given about the recording. The video is used for surveillance, but I'm unsure about the purpose of the audio; I assume it... View More

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answered on Apr 7, 2025

In New York State, using visible video cameras in public areas, such as restaurants, is generally legal. However, when these cameras record audio, the situation becomes more complex due to privacy laws.

New York operates under a one-party consent rule for audio recordings, meaning you can...
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1 Answer | Asked in Communications Law and Civil Rights for Pennsylvania on
Q: What can I do if I'm shown on the news without consent as a teacher?

I work as a teacher at a school where a news crew recorded a segment about a positive school event. I was required to be in the room with my students during the recording. I asked the cameraman not to show me in the news segment, as I did not consent to be recorded. He said it was too late. I... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation is understandably frustrating and invasion of privacy concerns are valid, especially as a teacher. While laws vary by location, you generally have some options worth exploring if you appear in the broadcast without your consent.

First, document everything - write down when...
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2 Answers | Asked in Internet Law and Communications Law for Texas on
Q: Concerns about being tracked via phone and computer without investigation

I believe I am being tracked through my phone and computer, although I am unsure if it's being done by law enforcement. I have noticed unusual changes on my devices and in my home, such as someone seemingly knowing my activities and affecting my internet or cutting out apps. For example, my... View More

John Michael Frick
John Michael Frick
answered on Mar 25, 2025

You should hire a forensic electronics security expert to check out your phone, your computer, and your internet router. They should be able to detect if there is any sort of tracking software installed on any of your devices and remove them. They should also be able to provide you with updated... View More

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2 Answers | Asked in Communications Law, Internet Law and Constitutional Law on
Q: Is it legal to use AI to flag illegal content and store it for review on a US-based free-speech platform?

I own a free-speech, privacy-first platform where users can upload various files, including images. The website uses Artificial Intelligence to detect and flag potentially illegal content, such as CSAM, to prevent uploads or flag for manual review. The flagged content is stored for 24 hours for the... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 21, 2025

Great question! Flagging the content for 24 hours for review is not going to trigger liability for you, because at that point the legal status of the content is still pending verification, and you haven't obtained actual notice of anything illegal. But once you do verify it and find that it is... View More

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1 Answer | Asked in Civil Rights and Communications Law for Kansas on
Q: My towns emergency services and 911 won’t say why they all got dispatched
James L. Arrasmith
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answered on Mar 24, 2025

When emergency services are dispatched but keep the reason private, this can feel quite concerning. You're naturally worried about what might be happening in your community, especially when multiple agencies respond at once. This lack of transparency can make you feel disconnected from... View More

1 Answer | Asked in Communications Law and Contracts for New York on
Q: Is it illegal to share my internet connection with others in New York for free?

I'm considering sharing my internet connection with others for free, and each user will have their own public IP address. However, my internet service provider does not allow this according to their terms. While there are no specific legal consequences mentioned in the service agreement,... View More

James L. Arrasmith
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answered on Apr 12, 2025

Your proposal to share your internet connection despite ISP prohibitions presents both contractual and regulatory concerns under New York law. The terms of service constitute a binding agreement under New York contract law, and violation could trigger several potential consequences including... View More

1 Answer | Asked in Communications Law and Internet Law for New York on
Q: Are there legal implications for offering free VPN service from home?

I am considering using my home to provide a free VPN service for others. I have reviewed the terms of service from my internet service provider, and there is no mention prohibiting this activity. Are there any legal implications I should be aware of when allowing others to use my VPN for free?

James L. Arrasmith
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answered on Apr 8, 2025

Offering a free VPN service from your home can seem generous, but there are a few things you should consider first. Even if your ISP doesn’t prohibit it, they might still take issue if your bandwidth usage spikes or if complaints arise from activity traced back to your IP address. If someone... View More

1 Answer | Asked in Communications Law, Internet Law and Gov & Administrative Law for California on
Q: Can I run an online sweepstakes with a free entry method and extra entries through purchases?

I want to run an online sweepstakes where entrants can receive multiple entries by purchasing stickers, though there's also a free entry method via a form submission. Currently, I don't have any restrictions on eligibility such as age or location. I'm still researching compliance... View More

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answered on Mar 17, 2025

Running an online sweepstakes with a free entry method and the option for extra entries through purchases is generally permissible under California law, as long as you follow the rules. One key requirement is that you must provide a no-purchase-necessary method of entry, which you already have with... View More

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