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Just found out the law doesn't permit me to record in my own home without consent. My own home? I have to inform the other party as soon as they come into the recording area. They could sue and I could be arrested and jailed.
What's wrong here.
Washington's wiretapping law is a "two-party consent" law. Washington makes it a crime to intercept or record a private telephone call, in-person conversation, or electronic communication unless all parties to the communication consent. See Wash. Rev. Code § 9.73.030(1). Whether a conversation or other communications is "private" depends on a number of case-specific factors, such as the subjective intention of the parties, the reasonableness of their expectation that the conversation would be private, the location of the conversation, and whether third parties were present. State v. Townsend, 57 P.3d 255, 259 (Wash. 2002). You should always get the consent of all parties before recording any conversation that common sense tells you is private.

In Washington, you can satisfy the consent requirement by "announc[ing] to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted," so long as this announcement is also recorded. Wash. Rev. Code § 9.73.030(3). In addition, an employee of a "regularly published newspaper, magazine, wire service, radio station, or television station acting in the course of bona fide news gathering duties on a full-time or contractual or part-time basis" can establish the consent of the party recorded even without an announcement if he or she uses a recording or transmitting device that is "readily apparent or obvious to the speakers." Wash. Rev. Code § 9.73.030(4).

PondartIncbendog 8 July 11
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5 comments

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1

Nothing wrong here. I want to know when,if,how I am being monitored with recordings that last for eternity. Many rushed to put their photos on social media. With face recognition technology, the yin/yang of it all will manifest in the future. I have know photos on social media but when medical documentation requiring photos for proof of identity, privacy will become a thing of the past as tech hacks become ubiquitous. Enjoy the future, millennials. I hope you are felling better.

0

We apparently don't have that here

bobwjr Level 10 July 11, 2021
2

Land of the free. So you can't record people singing happy birthday at a party in your own home without issuing a legal statement? That's nuts

0

First question: Why do you want to record visitors to your home anyway?

Okay, that was my only question.

Yes, that makes just as much legal sense (as well as moral) as the law that you can't record all your phone calls. People have a right not to have their conversations recorded for who knows what use, without a legal authority (a warrant). Nixon should have put an end to all those questions in everyone's minds, but evidently not.

0

I can see it, I wouldn't snitch, but it's a little creepy to be recorded when I expected privacy. Tough line to draw legally.

Mmmm, not really. What possible legal purpose could there be in recording someone without their knowledge? "I want to be able to use their exact words against them later"; shades of Nixon, Trump, or Hitler. At least Hitler had typists there in the room so everyone knew the discussion was being preserved for future reference.

Let's put it this way; do you choose your words a little more carefully if you don't know who is (or might be) overhearing? Being recorded without your knowledge means any number of people might be listening later, for who knows what purpose. My immediate thought is that someone could elicit your opinions about a third party, then play them back for that other person, to stir the pot or for whatever reason. "You know what Joe said about you? You don't believe it? Well, listen to this..."

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