Jermaine Dupri might be guilty of a felony

JDJermaine Dupri might be guilty of a felony

 

I heard something about a woman seeking punitive damages against Jermaine Dupri for using a recorded conversation over the phone on a phonograph.  Actually there are laws that vary from state to state as well as federal laws concerning the recording and the use of the recordings of taped conversations over the phone.  Jermaine Dupri might be in deep shit because recording phone calls and using them on a phonograph is not simple civil law and a civil lawsuit, but if this is in fact true, he can be indicted and prosecuted under criminal law.  Wiretapping is a crime!

 

Frank Paul Gambino

Is it legal to tape record telephone calls?

The state and federal laws mentioned above deal primarily with wiretapping and eavesdropping by law enforcement officials. In addition to these laws, both the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) have acknowledged the importance of privacy in telephone conversations by placing additional restrictions on tape recording such conversations.

California law does not allow tape recording of telephone calls unless all parties to the conversation consent (California Penal Code 632), or they are notified of the recording by a distinct “beep tone” warning (CPUC General Order 107-B(II)(A)(5)). However, tape recordings can legally be made if an individual or members of one’s family are threatened with kidnapping, extortion, bribery or another felony involving violence. The person receiving the threats can make a tape recording without informing the other party. (California Penal Code 633.5)

Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted laws based on the federal standard. But 12 states, including California, require the consent of all parties to the call. These are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. For a state-by-state guide to taping laws, including a discussion of federal law and references to case law, see the Reporters Committee for Freedom of the Press guide, www.rcfp.org/taping/ .

 

Advertisements
Published in: on September 15, 2008 at 5:39 am  Leave a Comment  

The URI to TrackBack this entry is: https://frankpaulgambino.wordpress.com/2008/09/15/jermaine-dupri-might-be-guilty-of-a-felony/trackback/

RSS feed for comments on this post.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: