2-party consent is when both people in the conversation consent to the recording. This is legal in every state.
1-party consent requires that only one person in the conversation consent to recording. This is what the article is referring to and is legal in some states.
0-party consent is when nobody in the conversation is aware they're being recorded. This is what google is doing and it is illegal in EVERY state. Google is not a party in your conversation, 1-party consent does not apply to them.
What if you have a goodle device listening in when I am having an in person conversation with somebody, I never accepted the EULA so my privacy should not be invaded by them legally
Oh, yuck. I wonder if that would hold up in court. One might be able to argue the party consenting has to be the one doing the recording and not an unrelated third party. But I don't know the law well enough to say for sure. But yeah, that sucks.
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ANannyMouse ago
It would be illegal in all 50 states.
2-party consent is when both people in the conversation consent to the recording. This is legal in every state.
1-party consent requires that only one person in the conversation consent to recording. This is what the article is referring to and is legal in some states.
0-party consent is when nobody in the conversation is aware they're being recorded. This is what google is doing and it is illegal in EVERY state. Google is not a party in your conversation, 1-party consent does not apply to them.
glassuser ago
Except that google will sneak terms in to the alexa license or whatever so that the part that "owns" it has consented, even if they don't realize it.
Frankeh ago
that would be a bad faith contract and be void, you can't TOS your way out of following the law
crazy_eyes ago
What if you have a goodle device listening in when I am having an in person conversation with somebody, I never accepted the EULA so my privacy should not be invaded by them legally
ANannyMouse ago
Oh, yuck. I wonder if that would hold up in court. One might be able to argue the party consenting has to be the one doing the recording and not an unrelated third party. But I don't know the law well enough to say for sure. But yeah, that sucks.
FecalDemiurge6000 ago
To the top with this.