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California Communications Law Questions & Answers
2 Answers | Asked in Education Law, Communications Law, Internet Law and Civil Rights for California on
Q: Is it legal for a high school counselor to take a video of your message logs between you and another student?

I was suspected of cheating so my high school counselor interrogated and put me in a room for 8 hours. They made me admit that I gave out tests to my friends and asked to pull up the messages. They basically demanded me to show them who i send the test to and i agreed so they took my phone and... View More

James L. Arrasmith
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answered on May 15, 2024

In California, there are several laws and regulations that protect students' privacy rights. While school officials have some authority to investigate suspected cheating, their actions must be reasonable and respect students' rights.

1. California Education Code 49073.6 limits the...
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2 Answers | Asked in Education Law, Communications Law, Internet Law and Civil Rights for California on
Q: Is it legal for a high school counselor to take a video of your message logs between you and another student?

I was suspected of cheating so my high school counselor interrogated and put me in a room for 8 hours. They made me admit that I gave out tests to my friends and asked to pull up the messages. They basically demanded me to show them who i send the test to and i agreed so they took my phone and... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on May 15, 2024

In California it is illegal for any government entity to obtain electronic data unless a warrant is obtained and/or the access fits within certain legal parameters, even in a public school. However, if you agreed to give them access, they can retrieve the information.... View More

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3 Answers | Asked in Communications Law and Education Law for California on
Q: Can a student be autistic and still seem to communicate and have friends?
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answered on Apr 7, 2024

Yes, under California law, as well as under broader educational and medical understanding, students with autism can absolutely engage in effective communication and form meaningful friendships. Autism Spectrum Disorder (ASD) encompasses a wide range of conditions characterized by challenges with... View More

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1 Answer | Asked in Divorce, Family Law, Civil Rights and Communications Law for California on
Q: What if my spouse read my txt msg to my mother on my phone without my consent, can i use it again her in our divorce?

While i was away on travel, my wife hack into my phone to read my message with my mother, she had know me well enough to know my password, but i did not give her permission to read my messages.

I suspect someone had move my phone so i change password, and monthes goes by my wife and i had... View More

James L. Arrasmith
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answered on Mar 4, 2024

In California, the privacy of communications is taken seriously, and unauthorized access to someone's electronic communications can raise legal issues. If your spouse accessed your phone and read your messages without your consent, this could potentially be considered a violation of privacy.... View More

1 Answer | Asked in Civil Rights, Employment Law, Communications Law and Internet Law for California on
Q: Can my coworkers refuse to communicate with me and refuse to respond back to my important emails?Without a reason why
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answered on Feb 24, 2024

In the workplace, effective communication is crucial for the completion of tasks and overall productivity. While there is no specific law in California that mandates coworkers must respond to every email, ignoring important communications, especially those necessary for job functions, can be... View More

1 Answer | Asked in Civil Litigation and Communications Law for California on
Q: what are the steps of filing lawsuit for gaslighting?

what steps do i need to take to file a lawsuit? is it possible to obtain phone messages, conversations, by the judge, if the other party does not give consent? what if the only proof is whats on the phone?

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answered on Feb 21, 2024

Gaslighting is not recognized as a specific cause of action in California law. However, behaviors associated with gaslighting, such as emotional abuse or manipulation, may constitute grounds for legal action under existing causes of action, such as intentional infliction of emotional distress or... View More

1 Answer | Asked in Criminal Law and Communications Law for California on
Q: If I tell my mom not to open a specific type of mail and she does it anyway is it illegal
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answered on Jan 26, 2024

Under United States federal law, it is generally illegal for someone to open mail that is not addressed to them without permission. This is outlined in the Federal Mail Tampering Laws. If you specifically instructed your mom not to open certain types of your mail and she does so anyway, it can be... View More

2 Answers | Asked in Civil Rights, Communications Law and Constitutional Law for California on
Q: I'm homeless and my car I live in was towed

My registration is expired at less then 6 months, all the cars around me that other people live in are expired by years and not towed. I was parked.

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answered on Jan 10, 2024

If your car, which you use as a residence, has been towed and you are experiencing homelessness, it's crucial to understand that the towing and impounding of vehicles are typically carried out by local authorities based on various factors, including registration status and local regulations.... View More

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2 Answers | Asked in Civil Rights, Communications Law and Constitutional Law for California on
Q: I'm homeless and my car I live in was towed

My registration is expired at less then 6 months, all the cars around me that other people live in are expired by years and not towed. I was parked.

James L. Arrasmith
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answered on Jan 10, 2024

I'm sorry to hear about your situation. It's important to understand that, even if your vehicle's registration is expired, there are legal protections in place. First, check the local towing laws and ordinances in your area, as they can vary and might provide specific guidance on... View More

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1 Answer | Asked in Criminal Law and Communications Law for California on
Q: Does follow up with law enforcement after an emergency disclosure request

I mean does Yahoo follow up with law enforcement to be able to know that the emergency has passed so that they could notify the affected user. Sorry I missed Yahoo in the question

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answered on Nov 30, 2023

Under California law, companies like Yahoo are obliged to comply with lawful requests for information from law enforcement, including emergency disclosure requests. These requests typically occur under exigent circumstances where there is an immediate threat of serious harm or danger.... View More

1 Answer | Asked in Business Law, Consumer Law, Civil Rights and Communications Law for California on
Q: Can a business in California record phone calls without the caller knowing.

I live in a student housing complex in the San Diego area and was wondering if there were any legal repercussions to a business for recording phone calls without the calling party’s consent. When calling this company there is never a message that notify’s the caller that the call is being... View More

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answered on Nov 27, 2023

Under California law, recording phone calls without the consent of all parties involved is generally prohibited. California is known as a "two-party consent" state, as outlined in the California Penal Code Section 632. This means that for a phone conversation to be legally recorded, all... View More

2 Answers | Asked in Banking, Communications Law and Internet Law for California on
Q: If I was involved in the Data Breach 04/28/2022. I would like to know if I could ask OTP for a complete new computer ?

My IPAddress is breached and I have to get that too. My banks and all my information is being used. Buy whoever and I'm constantly cleaning up my personal info. I'm having problems one after another.

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answered on Oct 20, 2023

In California, companies that experience a data breach are required to provide notice to affected residents. If you've been harmed by a data breach, you might be entitled to certain remedies, but the specific relief will depend on the circumstances and any proven negligence or statutory... View More

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1 Answer | Asked in Communications Law for California on
Q: In California, may I record a phone call if I've already given consent to the other party to record the same call?

The scenario is that I want to call a customer support phone number of a business that has been troublesome. During the phone call a recording states that "this call may be recorded for training and quality assurance purposes". By continuing with the call, I am consenting.

Given... View More

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answered on Aug 29, 2023

Under California law, recording a telephone conversation requires the consent of all parties involved, per California Penal Code Section 632. If the other party has already given a notice stating that the call may be recorded for quality assurance, that generally counts as their consent for the... View More

2 Answers | Asked in Criminal Law, Communications Law and Internet Law for California on
Q: Is it possible for criminal charges to be filed against my friend by this person?

He posed as a fake persona in order to obtain nude pictures from a female friend. He told her that he would cash app her the money and that her face didn't need to be shown to promote anonymity and let her know that he would be posting them online. Last night she found out it was him because... View More

Robert Kane
Robert Kane
answered on Aug 25, 2023

Assuming everyone is an adult, it is possible for criminal charges to be filed against your friend, but it seems unlikely. The victim files a police report. The victim does not file criminal charges. The prosecutor would do that if appropriate.

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2 Answers | Asked in Criminal Law, Communications Law and Internet Law for California on
Q: Is it possible for criminal charges to be filed against my friend by this person?

He posed as a fake persona in order to obtain nude pictures from a female friend. He told her that he would cash app her the money and that her face didn't need to be shown to promote anonymity and let her know that he would be posting them online. Last night she found out it was him because... View More

James L. Arrasmith
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answered on Aug 25, 2023

Based on the scenario described, the situation might involve potential criminal charges such as invasion of privacy, harassment, and possibly extortion. However, the specific charges and their likelihood would depend on the exact circumstances, local laws, and evidence available. The fact that the... View More

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2 Answers | Asked in Communications Law for California on
Q: If you make a call and they are recording you, with your permission, can you record without getting their permission?
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answered on Aug 9, 2023

In California, it's a two-party consent state, which means that all parties involved in a conversation must give their consent before a call can be recorded. If you are part of the conversation and want to record it, you would generally need to inform the other parties and obtain their consent... View More

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2 Answers | Asked in Communications Law for California on
Q: If you make a call and they are recording you, with your permission, can you record without getting their permission?
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answered on Aug 10, 2023

In California, both parties to a conversation must generally consent to being recorded. If you have obtained their permission to record the call, you may be able to record without getting their explicit permission again. However, it's advisable to consult legal counsel to ensure compliance... View More

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1 Answer | Asked in Communications Law for California on
Q: CellPhone rights

I live in NYC and My girlfriend recently passed away lives in California and I brought her a phone a few months ago even payed the bill a few times I wanted Know what right I have to the phone if any I also have proof in text’s between me and her of when I payed for the phone even times she asked... View More

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answered on Jun 2, 2023

I'm sorry to hear about your loss. It sounds like you may have some legal rights to the phone, but it's important to speak with an attorney to get a definitive answer.

In California, the law generally considers personal property to be part of the deceased person's estate....
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2 Answers | Asked in Communications Law, Gov & Administrative Law and Internet Law for California on
Q: If I have an educational account on social media where I do publish rare and --->

If I have an educational account on social media where I do publish rare and exclusive pictures of historical personalities found in archives, mentioning the exact sources of where those exhibits were taken from, is it legal to also put the name of my account on these exhibits (tags) If I do some... View More

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answered on Mar 21, 2023

It is generally legal to publish rare and exclusive pictures of historical personalities found in archives, as long as you have obtained the necessary permissions and licenses to use those images. When you use these images, it is important to give proper credit to the original source, and it sounds... View More

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2 Answers | Asked in Collections and Communications Law for California on
Q: When is it okay for the State of California to send out personal information to a unknown number in a text message ?
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answered on Feb 19, 2023

Under California law, it is generally not permissible for state agencies to disclose personal information to third parties without the consent of the individual in question, unless there is a specific legal exception or requirement to do so.

In some cases, a state agency may be required to...
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