Federal law and the law in most states allow an individual to record a telephone or in-person conversation to which he or she is a party, without the consent of the other party. Other states require the consent of all parties to the conversation. Federal law and some state laws also make it illegal to disclose the contents of a call or communication that has been illegally intercepted. Federally, and in some states, taping is not protected if it is done for a criminal or tortious purpose. Some states allow civil lawsuits for violations.
In Arkansas, where you are from, the same law applies to telephone conversations and oral communications. An audio recording of a face-to-face conversation is an oral communication. It is a misdemeanor in Arkansas to intercept, record, or possess a recording of, a telephone or oral communication unless the person recording the conversation is a party to it, or one of the other parties to the conversation has given prior consent. This restriction does not apply to law enforcement investigations.
Different rules may apply or may not apply if the conversation is video-taped without your consent, such as on a camera phone. Most states treat the audio portion of a videotape under the regular wiretapping laws. In Arkansas, it is illegal to use any camera or "image recording device" to secretly videotape a person in a place that is out of public view, and in which he or she has a reasonable expectation of privacy, without the consent of the person being taped. The crime is called "video voyeurism" and it does not sound applicable to your situation.
For the requirements of other states, as a general guide, I recommend the state-to-state guide at "Can We Tape" ,
a project of the The Reporters Committee for Freedom of the Press. Just remember to check if the law in your state has been changed or updated before relying on the listed information.
Answered on Nov 12th, 2010 at 12:09 AM