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Comment The real issue (Score 1) 285

Here is the meat of the case, reported here:

First, the article states,

"Though federal law only requires the consent of one person before a telephone call or Internet communication can be recorded, Pennsylvania and 11 other states require the consent of ALL parties." (emphasis, mine)

So, the ex-cop has a point. Even if they authorities had the girl's permission, State law requires ALL parties consent. The ex-cop says that this never happened.

Next, it says,

"Pennsylvania's Superior Court took a different view, ruling that Proetto had consented to the recording by the very act of sending e-mail and instant messages."

So what's really going on is this: Does sending an email or instant message imply consent for the email or instant message to be read by anyone other than the addressed party? I think this is a pretty important distinction. I'll be watching this case.

--Grrae

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