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Old Apr 25, 2012 | 01:18 AM
  #81  
dbierman's Avatar
dbierman
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Joined: Apr 2012
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From: West Tennessee
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Originally Posted by Faast Ed
Then why did the Federal Government overrule Mayor Daily's gun ban in Chicago?

And even if you were correct,...... even state law requires "consent" from at least one party on the other end of the phone. Some states require all parties.

.

"Tenn. Code Ann.§ 39-13-601: A person who is a party to a wire, oral or electronic communication, or who has obtained the consent of at least one party, can lawfully record a communication and divulge the contents of the recorded communication unless he has a criminal or tortious purpose for doing so. Violations are punishable as felonies with jail sentences of between two and 12 years and fines not exceeding $5,000. Tenn. Code Ann.§§ 39-13-602, 40-35-111.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Tenn. Code Ann.§ 40-6-303.

Anyone whose communications have been unlawfully intercepted can sue to recover the greater of actual damages,$100 per day of violation or $10,000, along with punitive damages, attorney fees and litigation costs. Tenn. Code Ann.§ 39-13-603.

Recording or disseminating a communication carried out through a cellular or cordless telephone, or disseminating the contents with knowledge of their illegal origin, without the consent of at least one party, can be punished as a felony with a potential prison sentence of between one and six years and a fine not to exceed $3,000. Tenn. Code Ann.§§ 39-13-604, 40-35-111.

It is a misdemeanor to photograph, film or observe a person without consent where there is a reasonable expectation of privacy, when the photographing, filming or viewing "would offend or embarrass an ordinary person" and is done for sexual purposes. Tenn. Code Ann.§§ 39-13-605, 39-13-607. Dissemination of a photograph or videotape taken in violation of these provisions is a felony. Tenn. Code Ann.§ 39-13-605(2)."



Thats the Tennessee Code Annotated law, right from the book.
There's nothing in there about "persons on the other end". Only that you have to be a party to the conversation or have permission of one of the people who are a party to the conversation.
 
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Old Apr 25, 2012 | 11:15 AM
  #82  
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DDuess
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Joined: Sep 2008
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From: Silverdale, WA
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Change your perspective, you have to consider that the parties on either end are not necessarily the only interested parties. Wiretapping includes people "in the middle", not parties to the conversation, that may record the conversation.
 
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