Questions regarding audio monitoring and the law are one of the
most frequent inquiries we receive from our customers. Under U.S.
law, audio monitoring is legal as long as there is no expectation of
privacy amongst those being monitored. State laws are very similar. International laws vary greatly in terms of permitted applications of
audio. We work closely with our customers to ensure that our
products are used overtly and in compliance with all laws. If you
have legal concerns regarding audio, we recommend verifying this information with an attorney.


Lawful Monitoring

• U.S.C. 18, Chapter 119, Sec. 2511(d)
• It is not unlawful to monitor oral communication when
  prior consent is given
• Consent may be express or implied

Expectations of Privacy

• There cannot be an expectation of privacy if there are public
  signs posted indicating the communication is being monitored

Implied Consent

• Given through facts, actions, or even by silence
• Reasonably understood that consent is inferred
• It is expected an objecting person is supposed to behave or
  respond in a certain manner

Legal Compliance

• Know state and local laws where the technology is applied
• Responsibility in the application of the law
• Owner, installer, integrator, resellers, and distributors

Resources

• U.S. Federal Law
• http://codes.lp.findlaw.com/uscode/18/I/119/2510
• www.cheatingspousepi.com/audio_surveillance_law/
• State Laws
• www.ncsl.org/default.aspx?tabid=13492
• www.rcfp.org/taping/states.html
• Other
• www.bbbonline.org

Caveat

• The information in this presentation is based on the interpretations and opinions of the author and is for Industry information purposes
• This is NOT legal advice
• Do not rely solely on this information without verifying same with
  your legal counsel/attorney.