Suggestion for Using Porcupine 411

[J’raxis 270145]

Dada handled this well at the recent Laura Canario protest. He told the cop he was videoing him, cop said something like "I choose not to be," and so Dave just told him "Well... drive off then." Cop stayed, got videotaped. No legal repercussions so far.

[ThePug]

I just remembered KBCraig pointing out how the law simply required that the person be informed, not that they give consent. I didn't know about the "enforced-but-kept-out-of-the-courts" BS they're pulling. Though I do have a slight personal motive for encouraging everyone to record- it's the only way I get to see it! A poor substitute for actually being there, but it's still encouraging to be able to actually see and hear the incidents. 

[Nat F]

Seeing as how porc 411 is based off asterisk it should be possible to add a prompt to the mailbox such as "press 1 if you want an email notification sent out before we record your message.  Stay on the line to record your message."  That email could contain the caller id information and then be followed by the recorded call once it completes.

-Nat

[Braddogg]

KB, Pug -- are you talking federal laws, or New Hampshire laws?  Denis is talking New Hampshire, and it seems like he's got some solid knowledge of the NH legal situation on this.

[ThePug]

KB, Pug -- are you talking federal laws, or New Hampshire laws?  Denis is talking New Hampshire, and it seems like he's got some solid knowledge of the NH legal situation on this.

The NH law. KB can explain the legal point better than I can.

Of course, if the law's being enforced as if it required consent, it's a bit of a moot point.

[KBCraig]

KB, Pug -- are you talking federal laws, or New Hampshire laws?  Denis is talking New Hampshire, and it seems like he's got some solid knowledge of the NH legal situation on this.

Denis does have a good grasp of the laws, and I don't believe he disagrees with me on what the law actually says. He's just pointing out that AG Ayotte says the law is "ambiguous", even though it's not. And since she's the chief enforcer, her opinion carries a lot of weight.

But despite her opinion, the law (RSA 570-A) says that it is a crime to intercept any "oral communication". The same law also provides a definition of "oral communication":

570-A:1 Definitions. – As used in this chapter:
    II. ""Oral communication'' means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.

Once someone is notified that they are being recorded, anything they say is no longer an "oral communication" as defined in the law, so recording or intercepting what they say will not violate the law.

The NH AG has issued a waffling statement during a General Court committee hearing, although I don't know that she's issued an official AG opinion. AG opinions have the force of law until rescinded or overturned by legislation or court ruling.

Barring any official AG opinion or court ruling, the law stands on its face. And on its face, it says that it is legal to record anyone who doesn't have an expectation of privacy.

I do understand Denis's concern, though.

[FTL_Ian]

Seeing as how porc 411 is based off asterisk it should be possible to add a prompt to the mailbox such as "press 1 if you want an email notification sent out before we record your message.  Stay on the line to record your message."  That email could contain the caller id information and then be followed by the recorded call once it completes.

Caller ID information doesn't give details on situation or location...