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Is it considered “consent” to an audio recording if you know about the recording but do not state your consent to it?

Jan 5, 2014

In California the question hinges on whether you have an objectively reasonable expectation that no one is listening in or overhearing your conversation. So, if the person knows he or she is being recorded, then he or she likely doesn’t have a reasonable expectation of confidentiality. Thus, an argument can be made that the wiretapping laws requiring two-party consent would not apply.

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