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--- In [EMAIL PROTECTED], Bob <[EMAIL PROTECTED]> wrote:
> Taping a phone conversation with Al Martin without his
>consent while impersonating a lawyer, that's enough to
>impress a judge. Defamation with malice of forethought?
Excellent points. California is an all-party state meaning all
parties to a telephone call must be aware if a recording is taking
place. If it was an interstate call, federal jurisdiction should be
assumed (in order to err on the side of caution), and all parties
should be informed. If the call came from an all-party state, made
to an all-party state, the parameters are clear: all parties must be
informed.
http://www.rcfp.org/taping/
Cal. Penal Code � 631, 632 (Deering 1999): It is a crime in
California to intercept or eavesdrop upon any confidential
communication, including a telephone call or wire communication,
without the consent of all parties.
It is also a crime to disclose information obtained from such an
interception. A first offense is punishable by a fine of up to $2,500
and imprisonment for no more than one year. Subsequent offenses carry
a maximum fine of $10,000 and jail sentence of up to one year.
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