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

From: Warren Harrison (warren@private)
Date: Tue Apr 13 2004 - 20:59:17 PDT

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    Robert D. Young wrote:
    
    >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...
    >  
    >
    
    165.540 Subsection (a) says you need one party's permission,
    subsection (c) says you need both parties' *knowledge*. So you
    can say "Hi, tape's rolling ..." and you don't even need to
    ask their permission. Two party states (I believe) require
    both party's *permission* - not just knowledge.
    
    
    
    Warren
    
    
    
    >- 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
    >
    >
    >
    >
    >
    >  
    >
    
    
    -- 
    ======================================================================
    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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