Abuse Using Technology

Whether recording a conversation is illegal depends on your state’s laws. Some states allow recording of calls and in-person conversations without consent of the other person involved. These laws may allow you to record a conversation between you and someone else without that person knowing. On the other hand, this means that the abuser may also be legally allowed to record a conversation with you without your knowledge or consent. These types of law are often called “one-party consent” recording laws.

Other states require consent to record from everyone who is a part of the conversation. Without that consent, recording a conversation might be considered illegal, at worst, or just not admissible in court, at best. The “two-party consent” laws make it much more difficult for victims to gather evidence of threats or abuse.

Although some state’s recording laws may refer specifically to “telephone calls,” there are other types of voice calls these days besides phone calls. Many apps, like Discord and WhatsApp, can be used for voice calls. There are also video calls using apps like Zoom and FaceTime. You may want to find out how your state’s recording laws apply to these types of technology if you are hoping to record such a call. A lawyer who is knowledgeable about privacy laws should be able to provide legal advice.

Most states have specific recording, eavesdropping, or wiretap laws that deal with the issue of whether consent is needed for a recording to be legal. You can check your state’s Crimes page to look for any laws related to recordings or you can check the Reporters Committee for Freedom of the Press website. It has a lot of state-by-state information on recording laws.