Re: CRIME Save a Chatlog... Go to Prison?

From: Warren Harrison (warren@private)
Date: Tue Apr 13 2004 - 19:57:09 PDT

  • Next message: Robert D. Young: "RE: CRIME Save a Chatlog... Go to Prison?"

    Robert D. Young wrote:
    
    >It's my understanding from what the lawyers have told me that the
    >one-party state rules are applicable only when both parties are in the
    >same state. Of course, it may also work if someone in Missouri calls
    >someone in Oregon (also a one-party state), but I'll wait for someone
    >with a legal background to advise me before I'll try it. In the
    >meantime, I'll continue to inform anyone I suspect may be out-of-state
    >before I start any substantive recording (i.e., I'll record their denial
    >or acceptance, regardless).
    >
    >- Robert
    >  
    >
    
    Just so no one gets into trouble, in Oregon you only need one person's 
    permission,
    but *both* parties have to be aware of the recording.  ORS 165.540(c) says:
    
       [no person shall ... ] obtain the whole or any part of a conversation 
    by means of
       any device [...] if all parties in the conversation are not 
    specifically informed
       that their conversation is being obtained.
    
    so you should also be informing people in Oregon before you start *any*
    recording. I am not sure if this was implied in your e-mail or not, but 
    just so
    others don't think they can record their conversations with someone else in
    Oregon without informing them.
    
    There are exceptions for educational classes, public meetings, etc.
    
    Violation is an A class misdemeanor.
    
    Warren
    
    
    -- 
    ======================================================================
    Warren Harrison, EIC/IEEE Software Magazine          warren@private 
    Department of Computer Science           http://www.cs.pdx.edu/~warren
    Portland State University                          PHONE: 503-725-3108
    Portland, OR 97207-0751                              FAX: 503-725-3211
    



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