On Tue, 2009-11-17 at 11:47 +1300, Aaron Cooper wrote:
> Hi Jochen
> 
> By law, you have to notify caller of that though, correct or misconception?

This is not a qualified legal opinion...

A long time ago (8 years?) I had a lawyer tell me that it was not
illegal to record phone calls without telling the other party that it
was being recorded. 

He said it *was* potentially illegal to make use of any information
recorded to manipulate the other party - any sort of bribery for
example. 

I use "skype-call-recorder" under linux to record skype calls. It's
brilliant for recording client consultations because it starts
automatically when starting or receiving a skype call and prompts me to
ask if I want to continue recording the call.  

It records each party in a separate channel (left / right) so I can
adjust volume levels independently if I'm giving a client a copy of the
call. This is fantastic for recording interviews or client
testimonials. 

Generally I don't tell clients that I'm recording consulting calls. 99%
of the time it's just to help me make better notes (if needed) after
which I immediately delete the call unless I've agreed to provide them a
copy.   

However, on rare occasions I have recorded calls without the other
party's knowledge when I know (or strongly suspect) that I'm being
misled or lied to.

I'd much rather have a copy of a call on file that definitively proves
what I claim is true if a future dispute arises.  

If that ever happens (it hasn't yet) I'll let my lawyer figure out
whether the call can be used as evidence.

At the very least being able to quote back exactly what was said in a
past discussion "word for word" can be very useful.  




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