Is it legal to impersonate somebody and tape the phone call?

[thundley4]

Duer 157099   (1000+ posts)               Wed Feb-23-11 08:34 PM
Original message
Is it legal to impersonate somebody and tape the phone call?
   
It just seems like that guy might be getting into trouble, yes?

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x494526

DonCoquixote (1000+ posts)             Wed Feb-23-11 08:35 PM
Response to Original message
1. If he does   
   
There should be a legal defense fund. Hell, the right had no problems taping Monica L. to get Bill impeached.

BS. The left tried to have Linda Tripp arrested and prosecuted.

Lint Head   (1000+ posts)             Wed Feb-23-11 08:37 PM
Response to Original message
6. The FBI and police departments across the country pose as drug dealers
   
and prostitutes all the time to catch criminals.

Duer 157099   (1000+ posts)               Wed Feb-23-11 08:38 PM
Response to Reply #6
9. I know, but we all know about the double standards there
   
they can do whatever-the-****-they-want while the rest of us have a different set of rules.

Pay your projection union dues DUmmie. They need your dollars.

Blue-Jay   (1000+ posts)           Wed Feb-23-11 08:55 PM
Response to Reply #21
27. Without looking it up, I'd say that the "intent" has a good deal to do with it.
   
A prank phone call is not even similar to internet harassment by any definition.
   

I dunno, when the intent is to cause some form of harm to the person.

[Vagabond]

It would depend on the particular laws of the jurisdictio(s) the conversation took place in, regarding the recording of another person.

For example, in Florida it is illegal to record another person without their knowledge and consent.  Any recorded conversation will usually commence with the statement and question, "I am recording this conversation.  Do you give your consent to be recorded?"  If one fails to do this and knowledge of this recording becomes public, fines, jail time, and restitution are almost certainly following.  Of course, this does not include law enforcement recording someone in the act.  Nor does it include recording someone who is in public with no reasonable expectation of privacy.

A FSU football player found that out the hard way a few years ago after he made a tape of him and his girlfriend without her knowledge and showed it to his friends.

I'm not sure of the law in Wisconsin or New York.

[jukin]

Pretty sure that in Wisconsin it is illegal to tape another person without their consent.

[DumbAss Tanker]

Lint Head   (1000+ posts)             Wed Feb-23-11 08:37 PM
Response to Original message
6. The FBI and police departments across the country pose as drug dealers
   
and prostitutes all the time to catch criminals.

What an appropriate screen name.  There is a huge difference between posing as a made-up person pretending to be a drug dealer or whore, and posing as person who really exists. 

[thelaughingman]

BS. The left tried to have Linda Tripp arrested and prosecuted.

The left holding a double-standard?  You don't say!

http://en.wikipedia.org/wiki/Linda_Tripp#Indictment_by_the_State_of_Maryland

[AllosaursRus]

Legal in NY, illegal in WI. It would have to be up to Holder to prosecute. Don't laugh, I just present the facts as I see them.

[TexasCop]

Legal in Texas.  At least one party involved must know the conversation is recorded.

[IassaFTots]

Legal in Texas.  At least one party involved must know the conversation is recorded.

So that party can be the one impersonating someone, making the prank call, right?  I mean, they do that on the radio all the time, so I would think it would be.   I heard Rush talk to that yesterday briefly.  He said his issue wasn't with the impersonation and call, because he even did it in his earlier radio days, but with Walker's staff doing a poor job with their vetting. 

[TexasCop]

So that party can be the one impersonating someone, making the prank call, right?  I mean, they do that on the radio all the time, so I would think it would be.   I heard Rush talk to that yesterday briefly.  He said his issue wasn't with the impersonation and call, because he even did it in his earlier radio days, but with Walker's staff doing a poor job with their vetting. 

That's correct.  Now, if I taped the conversation between you and your spouse without either of you knowing, that would be illegal.

[JohnnyReb]

Legal in NY, illegal in WI. It would have to be up to Holder to prosecute. Don't laugh, I just present the facts as I see them.

Yeah but...this time the facts make it funny....expecting an Obama appointtee to do his job... ...that's like expecting them to pay taxes.

[TexasCop]

I believe the Texas law is in line with federal law.  States can make laws stricter, so it's possible each state is different.

[thundley4]

So that party can be the one impersonating someone, making the prank call, right?  I mean, they do that on the radio all the time, so I would think it would be.   I heard Rush talk to that yesterday briefly.  He said his issue wasn't with the impersonation and call, because he even did it in his earlier radio days, but with Walker's staff doing a poor job with their vetting. 

I think that in the case of prank calls for radio stations, they usually get the permission of the person to use the call after the joke is over. 

[IassaFTots]

That's correct.  Now, if I taped the conversation between you and your spouse without either of you knowing, that would be illegal.

Thanks for clearing that up!

[AllosaursRus]

I think that in the case of prank calls for radio stations, they usually get the permission of the person to use the call after the joke is over. 

Naw, Rick and Bubba do it all the time live!

[DumbAss Tanker]

That's correct.  Now, if I taped the conversation between you and your spouse without either of you knowing, that would be illegal.

The recording and the false personation are really separate issues.  In most States, and Federally outside the issue of internal agency rules, the recording isn't illegal as long as at least one party has knowledge; Maryland is an outlier on this, they passed an all-party consent law specifically to protect their own corrupt officials after one of them fell prey to a recorded phone call many years ago, caught red-handed being a bad boy.

[AllosaursRus]

The recording and the false personation are really separate issues.  In most States, and Federally outside the issue of internal agency rules, the recording isn't illegal as long as at least one party has knowledge; Maryland is an outlier on this, they passed an all-party consent law specifically to protect their own corrupt officials after one of them fell prey to a recorded phone call many years ago, caught red-handed being a bad boy.

That figures! They pass a law so it protects themselves from the blatant corruption in their government. So, which party was this epitome of public servants?