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QDRAGON1337 (AND DPRJONES): PLEASE READ THIS

scikidus

New Member
arg-fallbackName="scikidus"/>
Sorry for the caps lock title, but ti is imperative that you and dprjones read this.

First off, qdragon, congratulations on your amazing phone call. That was truly incredible.

I'm actually a tad frustrated that you beat me to the punch: I'm planning on beginning a YouTube project where I record my calls to famous-ish people and hear their responses, so seeing your video made me a tad envious.

However, there is something you need to see right away.

The United States has strict federal and state laws about party consent in recording telephone conversations. 38 states and the District of Columbia allow for one-party consent for recording. However, it is imperative that you look at the list of the states where both (or all) parties must consent for the call to be recorded by anyone:
  • California
  • Connecticut
  • Florida
  • Illinois
  • Maryland
  • Massachusetts
  • Michigan
  • Montana
  • Nevada
  • New Hampshire
  • Pennsylvania
  • Washington

As you can imagine, I bolded and super-sized that last state for a reason. According to his website, Casey Luskin works (and presumably lives near) Seattle, WASHINGTON.

qdragon, you live in Canada, and dprjones, you live in the UK. Both of those countries have one-party consent laws. However, at least in the US, two-party laws take precedence over one-party laws, as was the result of the California court case Kearney v. Salomon Smith Barney, Inc. (July 13, 2006).

In short: while you are responsible for your own actions, you are technically violating Washington state law by recording Casey Luskin (assuming he was in WA at the time of recording).

For more information, see here:

Telephone recording (Wikipedia)
Washing state recording laws

Note: I included dprjones since he mirrored the video, but he isn't technically liable for his actions, I believe.
 
arg-fallbackName="ebbixx"/>
scikidus said:
In short: while you are responsible for your own actions, you are technically violating Washington state law by recording Casey Luskin (assuming he was in WA at the time of recording).


It's unclear to me (and would only be clarified in court, most likely) how the "conflict of laws" issues would be resolved if in fact single-party consent is legal where QDragon resides. How a legal act in the active party's home enters US jurisdiction is unclear to me and would be very costly to clarify in any meaningful way. Since QDragon did state in the title card at the end that he understands his acts to have been legal, all I can go with is that he sought legal advice that told him not to worry about it.
 
arg-fallbackName="wafflez205"/>
Qdragon lives in canada. In this great country we only need one party consent to record a telephone conversation.
 
arg-fallbackName="scikidus"/>
wafflez205 said:
Qdragon lives in canada. In this great country we only need one party consent to record a telephone conversation.
Yes, but perhaps you missed the part of my OP where I mention a court case supporting two-party consent laws over one-party consent laws. That is, in a cal from a one-party state to a two-party state, the two-party laws take over.

Anyway, this is irrelevant now. Casey never pressed legal action.
 
arg-fallbackName="Marcus"/>
The US may think it can impose its laws on other countries, but that ain't the case. Maybe by US federal law the more draconian subset of American law holds sway, but if the US courts think they can do anything to enforce their laws on someone who is in a different country, they're wrong.
 
arg-fallbackName="scikidus"/>
Marcus said:
The US may think it can impose its laws on other countries, but that ain't the case. Maybe by US federal law the more draconian subset of American law holds sway, but if the US courts think they can do anything to enforce their laws on someone who is in a different country, they're wrong.
Actually, there have been many cases where international actions which break the law in only one country involved involve chagres in that country. for instance, piracy. The Pirate Bay in Sweden has been sued in the US by the RIAA.
 
arg-fallbackName="scikidus"/>
More likely because suing a 15-year-old with spinal muscle atrophy would destroy his career.
 
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