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Author Topic: Call Recording  (Read 138 times)
Lavarock7
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« on: April 15, 2019, 11:30:51 pm »

I know of at least two providers Google Voice and now Voip.Ms (in Beta testing) which allow allow call recording.

I think this is great, however... Neither of these providers mentions that at least here in the U.S. you may be committing a crime.

Federal law allows one-party approval (which means only 1 party has to agree to the call recorded), however some states supersede that and require two or all parties to agree.

http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations

In the olden days (before Voip) if a call was recorded, there was a beep every 15 seconds.

Naturally, with some providers you could add an announcement saying "calls may be recorded..." or try to remember to notify the caller.

I see another provider (phone.com) has an option to enable the beep.

Any thoughts on this?
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SteveInWA
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« Reply #1 on: April 16, 2019, 04:48:06 pm »

See:  http://www.obitalk.com/forum/index.php?topic=15746.msg98743#msg98743

This service is fully compliant with laws and regulations regarding notification of recording, and secure, encrypted storage of recordings.
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--Steve

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https://support.google.com/voice/community
Taoman
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« Reply #2 on: April 17, 2019, 12:41:36 am »


I think this is great, however... Neither of these providers mentions that at least here in the U.S. you may be committing a crime.

Any thoughts on this?

Quote from: VoIP.ms Legal Disclaimer
As such, your recording of such conversation might be illegal, therefore you should make the proper verifications.

https://wiki.voip.ms/article/Call_Recordings#Legal_Disclaimer


If you record a call in Google Voice there will be a loud and clear verbal notification to both parties that "this call is now being recorded."

I live in Washington state which requires "consent of all parties." Here is the specific verbiage:
Quote
Washington
Washington law requires the consent of all parties to legally record in-person or telephone conversations. Consent is considered obtained via a reasonably clear announcement made to all parties during the recording. Violations are considered a gross misdemeanor and can also lead to civil damages.

I take your point but in the end the onus is on the person doing the recording to know the law in their state. It may be trite but it's true: "ignorance of the law is no excuse."
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SteveInWA
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« Reply #3 on: April 17, 2019, 02:57:39 am »

Services that are specifically designed to comply with Federal and state laws (and laws of other countries where it operates) perform call recording in strict compliance to those laws.  This not only includes a mandatory verbal notification that the call is being recorded, but also includes encrypted storage of recordings, and an audit trail.  In certain cases (such as in the insurance industry), the caller must be informed during the call, and asked to speak their understanding and agreement.  There also must be a way to provide the data to a court or other law enforcement body, with a documented chain of custody.

That's not something that anyone should build on their own using bare-bones service providers.

This is specifically why I mentioned the new Google Voice for G Suite offering (not trying to be a salesman!).  The new G Suite-based offering meets all of these requirements.
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--Steve

Google Voice Forum Product Expert

https://support.google.com/voice/community
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