Now if more courts just made sane rulings

Court Says It’s Okay To Secretly Record Conversation If Done For Legitimate Reasons
[Via Techdirt]

While there have been a lot of concerns lately about efforts to misuse “wiretapping” laws that forbid any recordings of people without their knowledge, it appears at least a few courts are recognizing how silly that is. Yet another court has now said that secretly recording a conversation — in this case with an iPhone — is okay, assuming there was no crime committed with the recording, and the recording was for a legitimate purpose. As the court noted:

“The defendant must have the intent to use the illicit recording to commit a tort of crime beyond the act of recording itself.”

That makes sense. The act of recording alone, shouldn’t be a criminal act, as it really depends on what is being done with the recording. And, in an age where not only is recording everything easier, but for some becoming standard, requiring permission to record all audio seems like an outdated concept.


Making a recording should not be a crime. Doing something unlawful with it should be. But if you have a legitimate purpose, it should be okay.

It is trivial now to use an iHone or iPad to record a business meeting. Under some states, anyone at the meeting could get the DA to charge the owner of the mobile device with a felony, resulting in large prison sentence. All for recording a meeting instead of taking hand notes.

Perhaps the courts will eventually catch up.