In the state of Alabama, you are permitted to record phone conversations so long as one of the parties involved in the conversation consents to the recording. If you are included in the phone conversation, then you would be an involved party. Thus, in Alabama, you can record a phone conversation that involves you and another party or parties without consent from anyone else. For purposes of identifying what is considered criminal eavesdropping, Alabama law defines eavesdropping as overhearing, recording, amplifying, or transmitting "any part of the private communication of others without the consent of at least one of the persons engaged in the communication." Alabama Code Section 13A-11-30(1). As you can see, state law does not identify the recording of a conversation as criminal eavesdropping if at least one party involved in the conversation consents. Essentially, you wouldn't be able to wiretap someone else's phone and record a conversation that you are not a part of. What you should keep in mind is that this is just in regard to Alabama. If the person with whom you are speaking is in another state, then that state's laws may require all parties to consent. If the other party's state law requires consent from all individuals engaged in the conversation, then you may be opening yourself up to criminal liability in that state.
Answered on Nov 15th, 2012 at 5:02 PM