Verrrry interesting. That contradicts what I've been told by several Oregon lawyers (and good ones, too). I'll have to look more into this... - Robert -----Original Message----- From: Warren Harrison [mailto:warren@private] Sent: Tuesday, April 13, 2004 7:57 PM To: Robert D. Young Cc: CRIME List Subject: 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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