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Originally posted by neil_86
I had a hard time making sense out north side approach evidence, having never been in that area and not knowing any of the people whose testimony you were referring to. But I understood the
But you should seek the consent of one or all of the parties before recording any conversation that an ordinary person would deem private.
The wiretapping law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectations." See Virginia Code § 19.2-61. Therefore, you may be able to record in-person conversations occurring in a public place, such as a street or restaurant, without consent. But you should seek the consent of one or all of the parties before recording any conversation that an ordinary person would deem private.
§ 19.2-61. Definitions.
"Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectations but does not include any electronic communication;
§ 19.2-62 (B)(2)
It shall not be a criminal offense under this chapter for a person to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
Virginia Wiretapping Law
Virginia's wiretapping law is a "one-party consent" law. Virginia makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Virginia Code § 19.2-62. Therefore, if you operate in Virginia, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance.
www.citmedialaw.org...
But you should seek the consent of one or all of the parties before recording any conversation that an ordinary person would deem private.
Originally posted by Craig Ranke CIT
reply to post by jprophet420
It would have been 100% legal for me to record my conversations with them without their consent since it was in Virginia.
However they gave me full consent and invited me in their home for the explicit purpose of recording them and doing an interview.
It is true that while the video camera was turned off, I kept audio recoding which is what captured Lloyde in his lie and his wife telling me that she AGREES that the plane did not hit the building and kept on going.
But it was 100% legal and 100% ethical since I already had their consent to record.
Therefore, you may be able to record in-person conversations occurring in a public place, such as a street or restaurant, without consent. But you should seek the consent of one or all of the parties before recording any conversation that an ordinary person would deem private.
It would have been 100% legal for me to record my conversations with them without their consent since it was in Virginia.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication.
Originally posted by jprophet420
in virginia the law specifically states that the person has to be in public if applying the one person consent rule. I linked to it. Read it.
posted by jprophet420
reply to post by jprophet420
you make the point...
It would have been 100% legal for me to record my conversations with them without their consent since it was in Virginia.
Thats NOT what the law says. It would only be legal if you notify them that they are being recorded OR in a public place. Someone cannot be unaware of something and give consent.
That is when Lloyde and his wife gave their consent.
Therefore, if you operate in Virginia, you may record a conversation or phone call if you are a party to the conversation or (not and but "or") you get permission from one party to the conversation in advance.
The wiretapping law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectations." See Virginia Code § 19.2-61. Therefore, you may be able to record in-person conversations occurring in a public place, such as a street or restaurant, without consent. But you should seek the consent of one or all of the parties before recording any conversation that an ordinary person would deem private.
Originally posted by jprophet420
So even if what I posted was "wrong", according to the actual law as it is written verbatim, it is certainly illegal to record someone without their consent in a private place in the state of Virginia.
Originally posted by jprophet420
If Lloyd was unaware of the recording, he could not possibly have given consent.
Originally posted by Craig Ranke CIT
Lloyde NEVER had to be aware that I was recording him if I am a party to the conversation.
Lloyde NEVER had to be aware that I was recording him if I am a party to the conversation.
Therefore, if you operate in Virginia, you may record a conversation or phone call if you are a party to the conversation or (not and but "or") you get permission from one party to the conversation in advance.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication.
Originally posted by jprophet420
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication.
I cant quote the entire law, thats the relevant issue.
Originally posted by jprophet420
You may not tape in private w/o consent. Thats Virginia law.
Originally posted by loam
Originally posted by jprophet420
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication.
You aren't quoting the law. You're quoting someone's misinterpretation of it.