Google Phone Introduces Call Recording - Lawyers Celebrate

Call Recording In Google Phone. 12 States in the U.S. prohibit the recording, interception or other interference in telephone calls unless both parties consent. What constitutes consent, such as implied consent, and how the parties must be notified in order to assume their consent in continuing the call has been fodder for giving work to many lawyers, which I, as a lawyer, applaud. However, the implications of this are becoming more complex now that Google is bringing recording capability to its phone app. There have been Android and iPhone call recording apps around for a while; but, providing the service in an app that comes with the phone will make this a much more common phenomenon. Wiretapping, which is what secret conversation recording is ususally called, requires the intervention of a Judge and a warrant if one of the parties won't know it is happening. However, exceptions have been carved out for situations where there is no reasonable expectation of privacy. For example, a prisoner talking in the presence of other people can't later say that he didn't consent. More work for lawyers. Yea. The Google app will notify both parties at the beginning that the call is being recorded. This implies the consent of either party continuing the conversation after being told that. But, I can envision enterprising lawyers challenging the implied consent. My client was impaired, due to illness. My client didn't understand or hear the warning. My client entered the conversation after the warning was made. Etcetera, etcetera. In a society in which our every movement is tracked by computers, and cameras, and our online presence is recorded and tracked by others, are two party recording statutes an anachronism?