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While new types of technology have created new ways to break old wiretapping laws, Fast Company reported on a technological advance in wiretapping: native phone call recording. The article deals with the Apple iPhone feature that lets users record phone calls without having to use speakerphone and another device or use an outside app. The call recording feature has been available since 2024.
With this feature, the person recording the call has the ability to end the recording, other people on the call do not.
Bickerton Law Blog Lawyer’s Take:
“The article pointed out that a recording lets all of the parties know that the call is going to be recorded and that the recording may be enough for a person to comply with consent requirements in all-party consent states. If it were me, I would still warn the other party that the call is being recorded. At the end of the day, saying a few extra words during a conversation is usually going to be better and less expensive than having to hire a lawyer to fight wiretap charges.” —Lea Bickerton
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