My question involves criminal law for the state of: Maryland and Federal
I have reviewed the Reporter's Recording Guide that was referenced in another thread. The guide outlines the law for taping phone calls. Still, it left me with a couple questions. Based on what I read ... Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. However, Maryland is an All-Party consent state which is contrary to Federal law. As a non-lawyer I find this problematic. Would not Federal law take precedence in court?
If someone records a telephone conversation as one-party consent in Maryland, and the conversation is never used or disclosed by the one-party, what would the damage be ... where is the injury? I would like to read some case law (civil or criminal) regarding this if someone can point me in the right direction.
Thanks.
I have reviewed the Reporter's Recording Guide that was referenced in another thread. The guide outlines the law for taping phone calls. Still, it left me with a couple questions. Based on what I read ... Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. However, Maryland is an All-Party consent state which is contrary to Federal law. As a non-lawyer I find this problematic. Would not Federal law take precedence in court?
If someone records a telephone conversation as one-party consent in Maryland, and the conversation is never used or disclosed by the one-party, what would the damage be ... where is the injury? I would like to read some case law (civil or criminal) regarding this if someone can point me in the right direction.
Thanks.
Privacy Crimes: Federal V.s. State Law in Taping Phone Calls
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