My question involves civil rights in the State of: California
A person who live in Miami (two party state) has been repeatedly calling California (two party state) businesses phones while recording and broadcasting the phone calls live thru Youtube, the calls are used to get customers kicked out of and even banned from those businesses. The calls are usually along the lines of "so and so is doing lude acts under the table", "so and so is abusing their kids", "so and so is trying to buy alcohol from your store to give to kids", "so and so is exposing their body parts to 12 year old kids inside your businesses", "your pharmacy employee gave someone the wrong meds and now they are over dosing", etc etc etc
The person making the calls usually targets the same people over and over (some people have been targeted 4-8 times). The caller's claims are always 100% false. The Caller broadcasts LIVE as he films himself making these calls and broadcasting the businesses' private phone call interaction without being told they are being recorded.
Now here is where the question comes into play, state law in California and Florida state 2 party consent on recording however this guy claims as long as he calls outside of Florida then Florida law nor other state laws have any effect on him and that it goes to federal law ( the law he uses is 18 U.S.C. 2511(2)(d)..). However that law states "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."
So Is the caller correct that he can record and broadcast ANY phones he makes a call to without consent as long as he calls outside of Florida or is he still braking the law?
A person who live in Miami (two party state) has been repeatedly calling California (two party state) businesses phones while recording and broadcasting the phone calls live thru Youtube, the calls are used to get customers kicked out of and even banned from those businesses. The calls are usually along the lines of "so and so is doing lude acts under the table", "so and so is abusing their kids", "so and so is trying to buy alcohol from your store to give to kids", "so and so is exposing their body parts to 12 year old kids inside your businesses", "your pharmacy employee gave someone the wrong meds and now they are over dosing", etc etc etc
The person making the calls usually targets the same people over and over (some people have been targeted 4-8 times). The caller's claims are always 100% false. The Caller broadcasts LIVE as he films himself making these calls and broadcasting the businesses' private phone call interaction without being told they are being recorded.
Now here is where the question comes into play, state law in California and Florida state 2 party consent on recording however this guy claims as long as he calls outside of Florida then Florida law nor other state laws have any effect on him and that it goes to federal law ( the law he uses is 18 U.S.C. 2511(2)(d)..). However that law states "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."
So Is the caller correct that he can record and broadcast ANY phones he makes a call to without consent as long as he calls outside of Florida or is he still braking the law?
Civil Rights Issues: Recording Private Phone Calls
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