One-party consent and all-party consent eavesdropping and wiretapping statutes are two broad pathways for legislation to deal with the problem of secret taping and some states protect conversation under state constitutions. Whether a conversation is protected against being taped as a private conversation is often gauged by the reasonable expectation of privacy standard. Judges in both all-party consent and one-party consent jurisdictions have had to use their leeway under the reasonable expectation of privacy standard to arrive at what at the time seemed to be the most appropriate solution, perhaps in doing so creating a case law exception.
Carol M. Bast,
Privacy, Eavesdropping, and Wiretapping Across the United States: Reasonable Expectation of Privacy and Judicial Discretion,
Cath. U. J. L. & Tech
Available at: https://scholarship.law.edu/jlt/vol29/iss1/3
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