Recording Calls-Legality & Use

The technology of making any type of recordings has come a long way in just the last ten years. Virtually any person, including children, can carry a device, usually a cell phone, which allows them to take not only still photos, but also audio/visual recordings.

The origins of this ability dates back some 70 years, with the advent of the ability to record sound on magnetic tape, first developed by German scientists prior to World War II, though kept secret under the Nazi Regime. Prior to this time, magnetic wire had been in use in Dictaphones since the 1890s, but they had limited potential beyond that.

The US Military recovered the research after WWII, but they saw little purpose to further its development. Bing Crosby, a well-known singer/dancer at the time, purchased the rights to the technology as he did see a role for it in his line of business, music recordings.

At the time, as radio was the primary form of entertainment, putting on a 30-60 minute radio entertainment program, whether it involved guest singers, comedians, or drama, it had to be performed live. Mistakes could not be easily corrected, let alone, edited out. Through the development of making audio recordings by rearranging the electrons on long strips of paper embedded with magnetized iron oxide, fuller sound recordings, and the ability to edit out mistakes, came into being. However, the London BBC first made use of it for broadcasts.

From those early beginnings, we now have recording devices, that can record both audio and video, that can fit inside a writing pen, and smaller.

If you do happened to live in a state where it is legal to record telephone conversations without everyone knowing that the conversations are being recorded, you should strongly consider recording your phone calls. Very often the other side will make very damaging statements during phone conversation. Recording these conversations can help you win your case or at least prove that you are not the person who is calling and harassing the other side.

Another benefit of having a recorded conversation is that you can use the tape to refresh your memory long after the conversation took place.

The best quality recordings are made by plugging directly into a modular phone. Several devices are available at Radio Shack or Online (see recording devices below). Always use freshly purchase tapes and only tape on one side.

Once you have taped a conversation, remove the tab to prevent accidental reuse, label it clearly, indicating start and ending dates. Keep a notebook on the tapes, or better yet, keep a record of it in you Daily Journal.

Provide general information about each tape. List the digital count on those conversations which are most important. Make a note about the conversations. If you are going to show them to your attorney, you may wish to transcribe the entire conversation. There are services that perform this task, including parents who work from home doing it, so check Craigslist for your area. ALL PARTS of the conversation must be recorded and transcribed. DO NOT EDIT THE CONVERSATION.

Recording conversations on a cell phone raising some additional problems, but there is a solution, Skype. Skype is a similar program to Yahoo and other IM programs, only it also has phone service that works quite well. The service runs $8 a month.

You can get Skype, along with another phone number on web enabled cell phones. To this, obtain an "Add Ons" program that cost just $15 that will automatically record the conversations, saving them as mp3 files, which you can than download into your computer. From there, you can run a vocal recognition program to transcribe it into printed form, which is necessary for use in court.

When recording conversations it is best to remember the old adage that "people who live in glass houses should not throw stones." Since the recording device is on your phone, you will sound much louder than the other caller so be certain to control your tone of voice. Control your language and temper. Don't say anything threatening or hostile on the phone when you are being recorded because the same tape you wish to use against the other side could now be used against you.

It is not unusual to be stressed and to get angry over problems with the child's mother, but it doesn't help for you to lose your temper. Counseling to control stress is very useful. You can be sure that once the other side finds out that you have tape recordings of them, they will want to get copies of your tapes. You will probably have to let them have copies of the tapes.

In court, the tape itself may not be admissible unless the party in the tape perjures themselves after questions on the stand.

If you are interested in tape recording conversations, you may wish to look at the following legal citations:
(1) 18 USC ' 2511D
(2) Newcombe v. Ingle, 944 F2d 927 (2nd Cir. 1993)
(3) Thompson v. Dulaney, 970 F2d 744 (10th Cir. 1994)
(4) 58 ARL2d 1024-105