its illegal

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http://newsgroups.derkeiler.com/Archive/Rec/rec.audio.tubes/2006-01/msg00751.html

did you know phil its illegal to tape a phone call with out the other
persons consent and you can go to jail ?





Re: its illegal

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Which country/ies?

Re: its illegal

"terryc"
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** It ain't always illegal in Australia or anywhere else I know of.

Each Australian state has it own laws regarding " listening devices "  -
but all of them permit the situation where the person making the recording
is one of the principal parties to the conversation and the purpose is only
to protect the legitimate interests of the person.



....  Phil



Re: its illegal
 ******ummm yes it is ..,,,,

 if you tell the person and its ok , its legal,, if you record a
conversation without telling them  , its  illegal

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Re: its illegal
australia, thats why they say : this call is being monitored  for training
purposes , if you do not wish this call to be monitored , let us know after
being on hold etc.....

also the police will tell you that , , i got pulled over , and at the same
time the  cop reached my car , he saw me with my fone and thought i was
going to  record the  incident, which he said was illegal  with out my
consent..


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Re: its illegal
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You can record it without consent, but you can't use the result in a court.

Clifford Heath.

Re: its illegal

"Clifford Heath"
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** Oh you certainly can.

The purpose of the exclusion in the various state acts for persons recording
their OWN conversations is so that if a dispute arises over what was or was
not said or agreed you have proof available to use in court if necessary.

Also, in any situation where criminal threats are involved, such a recording
is just what the police need to be given to them to use as proof.

The basic idea is that the right to privacy does not extend to cover people
telling lies or making threats.


.... Phil



Re: its illegal

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That's interesting, so would you know if the situation someone else
mentioned about recording a conversation with police or any commisioned
official is the same?

Re: its illegal

"Geoff C"
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** Nothing to do with any state listening devices acts.

Filming or recording the police going about their work is considered to be
" interfering with police "   -  according to them. And they don't like it.

Reality is, the police say and do improper things all the time and do not
want any record of that to exist  - because they know that citizens can and
often will use it against them.



.....  Phil





Re: its illegal
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Though the more senior people appear to have a better grasp of the law
in this situation.

Not that we've seen the female officer who was filmed making a threat to
destroy property (of the filmer) being charged.

Sylvia.

Re: its illegal
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Arse covering.

Hahahah, he bluffed you well and truly. You can record anything that
takes place in a public place, cop or no cops. It is what you do with it
afterwards that is legally constrained.

Re: its illegal

"terryc"
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** Doing anything that " interferes" with the police going about their
business is illegal -  in a public place or
otherwise. For example, witnesses to a crime or serious accident may become
very wary of speaking with police if some character is standing a few yards
away filming them. So that is " interfering ".

Also, many private conversations occur in public places -  hence it is
illegal to record them if  YOU  are not one of the parties to that
conversation.

So following the police around with a video camera equipped with a
microphone is highly illegal and they will take strong measures to stop you.


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** That too.


....  Phil



Re: its illegal
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Well, that's what the police may think. The legislation in NSW talks
about "hindering". If a witness doesn't want to be filmed, the police
can always take them somewhere else. I doubt a court would uphold the
view that it amounted to hindering.

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The issue is not whether it's private, but whether there is a reasonable
expecation that it will not be overheard. If someone's standing there
with a camera and microphone, then there is clearly no such reasonable
expectation.

Sylvia.

Re: its illegal

"Stupider than anyone Else on Earth"

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** Making them do that is most certainly " hindering police " .


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** No doubt exists whatsoever that Sylvia is insane.


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** Pure sophistry -  they are one and the same.


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** The camera, when spotted, causes the conversation to stop  -  and that is
hindering police.

If not spotted, it is blatantly illegal to record the conversation.

So following the police around with a video camera equipped with a
microphone is highly illegal and they will take strong measures to stop you.

Even if a raving nut case, autistic moron like Sylvia cannot see it.



....  Phil




Re: its illegal
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What about intent? Any concern about the lack of it?

Recklessness?

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If someone's standing there, even with an unspotted camera, there is no
reasonable expectation of privacy.

Indeed, unless the police and the witness are holding their conversation
in the middle of an open space, with no places where an innocent person
might be out of view but would overhear the conversation, there is no
reasonable expectation privacy.

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They may take measures, but that doesn't make the conduct unlawful, nor
the police response lawful.

Sylvia.

Re: its illegal

"Swanny"
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** You will have to come up with a real example -  on u-tube etc - that
breaks the law.

  Cos I have never seen one.




..... Phil






Re: its illegal
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It began when businesses started complying with the new privacy act.
A recorded conversation may contain private data, and the act requires
that the tell you about all private data the gather, amongst other things.
Like you have the right to peruse it and to correct any factual errors in
it, for example...

Clifford Heath.

Re: its illegal

"Clifford Heath"

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** Nonsense.

State laws relating to the recording of private conversations go back to the
early 70s.


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** Oh what bullshit.


.... Phil



Re: its illegal
bullshit.

u HAVE  to have the  other persons permission.

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Re: its illegal
ha ha ha he he he  looks like you the one who got well and truly  bluffed .

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