In New York, is it illegal to record a conversation on a cell phone or any other device without consent?

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4 Answers

Jaimie  JT Profile
Jaimie JT answered

I don't know if it's illegal or not,  but I think recording anyone with out their concent is just not a cool thing to do.

Walt O'Reagun Profile
Walt O'Reagun answered

That depends ...

1 - You need to check the actual state law.  In some states, as long as at least one party is aware of the recording it is legal.

2 - If they are talking on a cell phone in a public area, and you are just recording without being hooked to the phone ... It is legal.  ANY conversation in a public area has "no expectation of privacy".  So if a passerby could hear both sides of the conversation ... That's the phone users problem.

3 - It IS illegal to use a scanner to pick up cell phone conversations, under Federal law.  HOWEVER, it is also technically illegal for cell phones to use encryption under Federal law - It's just not enforced.  And you can still legally purchase older scanners that were made prior to Federal requirements to "block" those cellular frequencies.

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