Audio recording laws in the United States

With so much great technology on the market these days, it is easier to record conversations than ever before – either over a land line, on a mobile phone or even in-person with a hidden recording device. Recorded conversations (either tape or digital) are often very helpful in a variety of scenarios. These audio recordings may assist in an investigation of employee misconduct or in business or personal lawsuits, even in potential criminal investigations.
It is very important, however, to make sure that any recording, either of a phone conversation or an in-person conversation, complies with federal and state laws.  Otherwise, you may very well open yourself up to criminal charges or civil suits.  And it is unlikely that you will be legally able to use the recording for your original purpose.
So, if you’re thinking about recording some phone calls or placing a voice-activated recorder in a room to record conversations, you’ll need to take a look at the applicable laws.  The first place to look is at the federal wiretapping statute – also known as the Electronic Communications Privacy Act.  Federal law allows phone calls (traditional, cellular and cordless) and other electronic communication to be recorded with the consent of at least one party to the conversation.
This means that if you are one of the people taking part in the conversation, it can be recorded (because one person – you – has consented to the recording).  If you are not taking part in the conversation, at least one of the people in the conversation must know about and consent to the recording.
You can’t stop, however, after considering federal law and assume that your recording passes muster.  Each state and territory has its own statutes regarding the recording of conversations.  Most state wiretapping and eavesdropping laws are based upon the federal law and allow recording with the consent of one party to the conversation.
The 37 states which allow “one party consent” recording of oral communications are: Alaska, Arkansas, Colorado, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin and Wyoming.  The District of Columbia also allows people to record conversations with the consent of only one party.  Nevada has a one party consent statute but there is some question as to how the law should be interpreted by the courts – it could be considered an “all party consent” state.
The 12 states which definitely require all parties to a conversation to consent before it can be recorded are: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington.  (In California, there is an exception – you can record a conversation with the consent of only one party if certain criminal activity (kidnapping, extortion, bribery or a violent felony) is involved.)

So, the basic rule is that it is illegal to record conversations or communications in which you are not a participant, unless you have consent of at least one, if not all, of the participants.  The obvious exception to this general rule is that law enforcement officials can seek permission from a court to perform no-consent wiretaps as part of a criminal investigation.  For the finer points of your own state’s laws and requirements, you should always consult with an attorney.

How to detect if there is a hidden voice recorder

If you suspect that someone is spying on you, you might want to know how to detect spy devices. There are tools you can use, which are essentially high-frequency scanners, that will tell you when someone is watching you or listening in on your conversations. These tools can be used to detect cameras, cell phones or microphones.

1. Choose your radio frequency (RF) scanner. There are a number of scanners available that will detect both audio and video transmissions of both wired and wireless devices. These devices come in various sizes and strengths. Some of them will fit on a key chain while the more professional ones will fit in the palm of your hand. As of 2009, these devices range in price from $50 to $700, depending on your needs.  

2.Scan your office or home using a spy detection device. These are very easy to use. You simply wave it around the area that you wish to scan and when it detects a signal-transmitting device on a high frequency, such as those emitted by a cellular phone or peeping camera, an LED will light up and there will be a beeping sound that will become more rapid as the signal gets stronger.

3.Adjust the device to your preference. Some scanners can detect both digital and analog signals and will detect signals from 1-6 GHZ, which is typically the frequency people use to communicate. Some scanners can be set to vibrate mode so that you do not alert those who are listening that they are being scanned. This way you can provide misinformation if you want.