Self recording device that might capture other people's voice too - legal?

[ExNx]

Jurisdiction

California

Hi, I have a question about voice audio recording law. I am not sure where the best place is to ask that on this website. It seemed like it could go under this group of topics in civil liberties, although I think it's regulated by the Federal wiretap bill.

If I try to record, with a hidden mic, my own voice all day but use just the voice sound characteristics, not the speech content or actual words, is it ok to accidentally record someone else's voice who I am talking to as well, or someone near me?

I am working on a device that can record my own voice all day, 12 hrs +, and analyze how much I talk and how I sound (the vocal characteristics). It will only count the number of words and how fast I talk. It will also measure the pitch and volume characteristics. The data is stored locally on my phone and deleted after analyzing the number of words and vocal characteristics.

It will be a microphone on my shirt connected to my phone, the microphone might be hidden under a shirt, or it might be visible at my shirt collar, I'm not sure if that makes a difference.
It will also have an app that will process and count the number of words I speak, but not tell me the content of the speech.

I am concerned that the device will pick up another person's voice too. I will not know the speech content, but I might pick up how many words they said, or the pitch of their voice, for example, in that limited time frame.

Would this device and app be legal? Thanks for your feed back. I really appreciate it.

Best,

Eric

 

[army judge]

Hi, I have a question about voice audio recording law. I am not sure where the best place is to ask that on this website. It seemed like it could go under this group of topics in civil liberties, although I think it's regulated by the Federal wiretap bill.

If I try to record, with a hidden mic, my own voice all day but use just the voice sound characteristics, not the speech content or actual words, is it ok to accidentally record someone else's voice who I am talking to as well, or someone near me?

I am working on a device that can record my own voice all day, 12 hrs +, and analyze how much I talk and how I sound (the vocal characteristics). It will only count the number of words and how fast I talk. It will also measure the pitch and volume characteristics. The data is stored locally on my phone and deleted after analyzing the number of words and vocal characteristics.

It will be a microphone on my shirt connected to my phone, the microphone might be hidden under a shirt, or it might be visible at my shirt collar, I'm not sure if that makes a difference.
It will also have an app that will process and count the number of words I speak, but not tell me the content of the speech.

I am concerned that the device will pick up another person's voice too. I will not know the speech content, but I might pick up how many words they said, or the pitch of their voice, for example, in that limited time frame.

Would this device and app be legal? Thanks for your feed back. I really appreciate it.

Best,

Eric

The information furnished below was transcribed as written on the website noted below:

California Recording Law | Digital Media Law Project

All credit goes to "The Digital Media Law Project" as the author of the content below!!!!!




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California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation. See Cal. Penal Code § 632. The statute applies to "confidential communications" -- i.e., conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation. See Flanagan v. Flanagan, 41 P.3d 575, 576-77, 578-82 (Cal. 2002). A California appellate court has ruled that this statute applies to the use of hidden video cameras to record conversations as well. See California v. Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989).

If you are recording someone without their knowledge in a public or semi-public place like a street or restaurant, the person whom you're recording may or may not have "an objectively reasonable expectation that no one is listening in or overhearing the conversation," and the reasonableness of the expectation would depend on the particular factual circumstances. Therefore, you cannot necessarily assume that you are in the clear simply because you are in a public place.

If you are operating in California, you should always get the consent of all parties before recording any conversation that common sense tells you might be "private" or "confidential." In addition to subjecting you to criminal prosecution, violating the California wiretapping law can expose you to a civil lawsuit for damages by an injured party. See Cal. Penal Code § 637.2.

 

[ExNx]

Thanks so much for your response! I was curious if this statute applies to voice "sounds" as well? I am not recording words, or speech content, but voiced sounds that are saved and processed as sounds, not recognizable words. Do you think this would be allowed in CA (in a private setting, say an office).

Thanks for your expertise!

 

[army judge]

Thanks so much for your response! I was curious if this statute applies to voice "sounds" as well? I am not recording words, or speech content, but voiced sounds that are saved and processed as sounds, not recognizable words. Do you think this would be allowed in CA (in a private setting, say an office).

Thanks for your expertise!

I can't give you legal advice.
If, however, you were my client; I'd tell you not to even attempt it in California.
Why?
Your device and approach might not bother or annoy 250,000 people.

But, if only ONE person thought what you were doing violated their right to privacy, especially in the workplace; you're inviting the lawsuits to rain down around you.

Plus, your employer would likely be forced to become involved.

If its YOUR business, you could end up being under a siege of legal and customer relations complaints and lawsuits.

You have a sound idea.

You might wish to discuss the matter with a CA attorney, write the CA state attorney general for a legal opinion, or simply develop the product in a closed laboratory setting, being sure to provide full disclosure to your "subjects". You'll also want to obtain the written consent of ALL "subjects".