One-party recordings are illegal in many states. Just because I unicast some information something does not always give you the right to retain a record of it.
Make sure if you do this that your state / province has one party recording laws. Some states only allow recording if all parties to the conversation have consented.
From my naive understanding and possible spotty recollection of the law(s) involved: in the US at least, as long as the recording party is in a one-party state then it doesn't matter where the other parties are located.
> If someone is in your home they're on your property, and generally you can record whatever you want in a single party state.
That’s simply not true. They’re called “one-party states” because there has to be one party in the conversation who knows about the recording. Some states are one-party, some are two-party, but there is no such thing as a zero-party state. It is always illegal to record a conversation between two people if both are unaware of the device and believe their conversation is private. The fact that they are in your home, your car (without you), or in your business is irrelevant.
You’re confusing laws that apply to video with laws that apply to audio. You can of course record images on a security camera in your home or business (except, as you said, in restrooms, dressing rooms, etc.) Audio is different.
> It is illegal, in most places, to record a conversation without the other person's consent
I think most states, one-party consent is applicable... "In 12 states—California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington—all parties involved need to consent before one of them can record the conversation.".. but I believe this is only for audio recording... and video is fine.
I wonder if I can record someone from CA if I call them from GA without telling them?
Yes, check your states laws. Some states are two-party consent, but a good number are one-party consent states. And in a one-party consent state you recording yourself is legal without the other parties knowledge because you gave your consent to make the recording of yourself.
Depending on the state you live in, e.g. California has two party consent to record audio, meaning if you don't consent then what they're doing is illegal.
In an all-party consent state you would need everyone in the call to consent for recording to be legal, but even in one-party consent states you would still at least need OP's consent to be recording! If the user says no and they record anyway, I can't think of any state where that's legal (though the EULA probably has something covering that, unsure if that holds up in court).
Almost every state is one or two party consent. That means you have to be a party to the conversation at the very least. I don't know any state that allows passive recording of conversations in private.
Don't you have to be party to the conversation to be 1-party? Should still be illegal to record one you're not a part of. (if such laws even apply in person rather than just over phones)
That is an important point. The law varies across states. Some states are two-party consent states for audio, and some are single party. Courts seem to be allowing exceptions for recording where there is no anticipation of privacy but, if I remember correctly, stealth recording can tip back towards illegality in some places.
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