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Originally posted by filosophia
Originally posted by inkyminds
it is NOT illegal wire tapping. Ir's a prank call. clearly the people doing the pranking are aware they are taping themselves.
But Walker does not realize he is being recorded, that's why it would be wiretapping. Obviously the pranksters would know they are recording themselves, isn't that obvious?edit on 23-2-2011 by filosophia because: (no reason given)
Federal law requires that at least one party taking part in the call must be notified of the recording (18 U.S.C. §2511(2)(d)). For example, it would be illegal to record the phone calls of people who come into one's place of business and ask to use the phone unless they are notified.
If the person who records the wire, electronic, or oral communication is a party to the conversation or has obtained prior consent from one party, he may lawfully record and divulge the contents of the communication, unless he does so for the purpose of committing a criminal or tortious act. Wis. Stat. § 968.31.
unless he does so for the purpose of committing a criminal or tortious act.
Originally posted by inkyminds
Are you REALLY not concerned that such a wealthy man has such obvious access to an elected official?
Originally posted by filosophia
But Walker does not realize he is being recorded, that's why it would be wiretapping. Obviously the pranksters would know they are recording themselves, isn't that obvious?edit on 23-2-2011 by filosophia because: (no reason given)
18 U.S.C. §2511(2)(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.
Originally posted by filosophia
reply to post by inkyminds
Oh what a hoot. So if I call you and I'm recording the conversation so long as I know it that's okay, you don't have to know it? What if I wiretap the police, so long as I know I'm wiretapping the police, that's okay? How about if I put a tape recorder in the president's pocket and have a conversation with him, so long as I know I put it there, it's okay? Geez, talk about your boneheaded laws.
Originally posted by filosophia
Originally posted by inkyminds
Are you REALLY not concerned that such a wealthy man has such obvious access to an elected official?
What access? A private citizen got a hold of Walker, so it must not be very hard.
From the Wisconsin State Code
Wis. Stat. § 968.31: A person who is a party to a wire, electronic or oral communication, or who has obtained prior consent from one party, can legally record and divulge the contents of the communication, unless he does so for the purpose of committing a criminal or tortious act.
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. See definition of "oral communication," Wis. Stat. § 968.27.
Effective Feb. 1, 2003, the punishment for recording or disclosing the contents of a conversation without the appropriate consent is imprisonment for up to six years and/or a criminal fine of up to $10,000. Wisconsin law expressly authorizes civil damages for violations and allows recovery of the greater of actual damages, $100 for each day of violation or $1,000, along with punitive damages, litigation costs and attorney fees.
Originally posted by MindSpin
reply to post by filosophia
I love how hard you are attempting to defend and dismiss this call.
Your delusions must run deep.
Originally posted by MindSpin
reply to post by filosophia
I love how hard you are attempting to defend and dismiss this call.
Your delusions must run deep.
Originally posted by Realtruth
Again I think some individuals on this thread may be confused as to what "One Party Consent" is.
One party consent means that the person being called, and recorded needs to be notified and aware of the taping.
Originally posted by Ex
If they are allowed to listen to my calls at their wim
and put a tracking device ON my vehicle while it is parked in my driveway,
on private property.
I think it's perfectly fair to listen to OUR public servents
in the performance of their duties.
I wonder why people are voting against their own best interests??
Seriously..............The koolaid is getting stronger these days isn't it?!
Originally posted by 00nunya00
Originally posted by Realtruth
Again I think some individuals on this thread may be confused as to what "One Party Consent" is.
One party consent means that the person being called, and recorded needs to be notified and aware of the taping.
No, it doesn't. You're just wrong about that.
It means that at least one person *taking part in the conversation* must know about the taping. That means A can call B and record B without his knowledge, but C cannot tape A and B's call without either of them knowing if C is not actually taking part in the conversation (ie: eavesdropping).