Are you well versed in the ins and outs of the federal Wiretap Act? Do you clearly apprise customers of the legalities of using the products you sell? Is there a prominently displayed disclaimer on your website and marketing materials regarding proper usage of hidden cameras and other devices?
If your customer plans to record telephone calls or in-person conversations without consent by the person they are recording, they should also be aware that doing so is illegal.
Let’s start with the definition of the law, which is aimed at protecting citizens’ privacy in communications with other persons. Typically, when you think of a "wiretap," the first thing that comes to mind is someone listening to your telephone calls. However, the Act protects more than that.
Under the Act, it is illegal to intentionally, or purposefully, intercept, disclose, or use the contents of any wire, oral, or electronic communication through the use of a "device." The Act contains specific language prohibiting the manufacture, distribution/sale, possession, and/or use to secretly intercept or record someone’s communications without their knowledge.
You should also be aware that hidden video devices with audio capabilities are also covered under the Wiretap Act and selling the devices is a violation of the law. It’s particularly important to know the features and capabilities of any hidden camera product you import, as there may be an audio recording feature.
Further, be cognizant of your advertising practices. Video recording and audio devices may not be marketed as covert or hidden recording products. Remember, only law enforcement may purchase and use hidden audio devices.
With regards to our company, it is KJB Security Products’ policy not to sell audio/video equipment domestically, except to law enforcement. Additionally, we include the following disclaimer on all marketing materials:
Some of the Product(s) purchased/sold by KJB are subject to the jurisdiction of the U.S. Wire and Communications Act (18 United States Code §§ 2510-2522) (Act). The products include those with surreptitious listening devices, which are regulated by the Act. Additionally, the laws of some states, counties, cities or localities may prohibit the possession and/or use of some of the these products. It is the responsibility of the buyer to ascertain, understand, and obey any and all applicable local, state, and federal laws regarding possession and/or use of any KJB product. Diversion or re-export contrary to U.S. law is prohibited. ALL OFFERS VOID WHERE PROHIBITED BY LAW
So, what are you doing to protect yourself, your company, your customers and the public? Are you doing enough? We’ll dive deeper into the legalities of hidden camera use as well as examine specific cases affecting not only the end user, but the dealers as well.
This article is in no way to be considered legal advice. Please review the laws in your own state and seek professional legal consultation as needed.
Nice post its so informative for me thanks for sharing this post!
ReplyDeletepersonal security products
What you are stating here is wrong. This only applies to recording conversations that you are not directly involved in. You can not record a conversation between two people without their consent if you are not involved in the conversation yourself. If you are not law enforcement and are directly involved in the conversation or are acting under the color of law and within your legal duties then you can record.Individual States have laws governing this issue as well. I don't know about Tennessee law but am familiar with Alabama law. If you are directly involved in the conversation or have the consent of atleast one included party you can record at will and without telling them that you are.
ReplyDelete(b) It shall not be unlawful under this chapter for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of chapter 5 of title 47 of the United States Code, to intercept a wire or electronic communication, or oral communication transmitted by radio, or to disclose or use the information thereby obtained.
(c) It shall not be unlawful under this chapter for a person acting under color of law to intercept a wire, oral, or electronic communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.
While we appreciate BoyInBlue's response we'd like to make clear that our blog is discussing consumer use of audio surveillance as opposed to law enforcement use. Furthermore we are addressing federal law as opposed to state law. BoyInBlue is correct that state laws vary by ordinance. As we point out in our company policy, it is incumbent upon dealers and consumers to use the products in accordance with local statutes.
ReplyDelete"If your customer plans to record telephone calls or in-person conversations without consent by the person they are recording, they should also be aware that doing so is illegal."
DeleteWhat I was referring to is the information you have posted states that according to the FEDERAL wire tap act it is illegal to record someone without their consent. This is FALSE. According to this act you do NOT have to have consent if you are directly involved in the conversation. This applies to civilians. Individual State law can impose stricter guidelines and add to this Federal Act, however most do not. Only 12 states (I believe) have adopted a dual party consent. The other states just follow the federal guidelines.
So, I was just informing you that the information you have about the Federal law was incorrect or incomplete at best.
So anybody reading this just know that according to the FEDERAL wire tap act you can record someone's conversation if you have that person's consent OR are a direct part of the conversation.
But individual State law supersedes this Act and if you are in one of the 12 States that require dual party consent, then you have to follow the laws that State has in place.