Whether it’s to expose an unfaithful fiancé or set the record straight on a public feud, self-appointed vigilantes should think twice before recording a private conversation: it’s against the law. Here’s what to tell your sleuthing client about California’s privacy laws.
New technology, same law. As reported by Wired.com, the Second District Court of Appeal has held that when one party to a conversation uses an iPhone to secretly record the conversation, it does not violate the Wiretap Act as long as the recording is done for legitimate purposes. This ruling (.pdf) is consistent with those of other circuits, including the Ninth Circuit, that have tackled similar issues.