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Old 06-18-2007, 12:37 PM
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Cool Wiretapping/Eavesdropping in OK

I saw a thread/news story about a young guy in another state who was in trouble for filming a police officer during a traffic stop.

The resulting discussion was very interesting.

What I am wondering is...

...in Oklahoma, is it against the law to record someone without their knowledge on the phone?

I know many businesses do this... usually large companies with phone systems that tell you "This call may be monitored or recorded for training purposes"... or something else to that effect. I assume that it is legal when we are warned.

Is it legal to do it WITHOUT the warning?

Thanks,
Wheatland
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Old 06-19-2007, 03:05 AM
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Default Re: Wiretapping/Eavesdropping in OK

I just wanted to let you know that I'm recording this thread.
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Old 06-19-2007, 07:13 AM
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Default Re: Wiretapping/Eavesdropping in OK

From what I've been told by our attorney, as long as one person knows they are being recorded, it's legal.

Comes in handy when I want to record what a management official says to me over the phone!
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Old 06-19-2007, 02:53 PM
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Default Re: Wiretapping/Eavesdropping in OK

Okla. Stat. tit. 13, § 176.4: Anyone who is a party to a wire, oral or electronic communication or who has obtained consent from a party can lawfully record or disclose the contents of that communication, so long as he does not do so in furtherance of a criminal act.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Okla Stat. tit. 13, § 176.2.

Unlawful recording or disclosure is a felony punishable by a fine of not less than $5,000 and jail time not to exceed five years. Okla. Stat. tit. 13, § 176.3.

Oklahoma law also makes it a misdemeanor to secretly loiter about a building with intent to hear discourse therein and repeat or publish it. Okla. Stat. tit. 21, § 1202.

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Old 06-19-2007, 04:52 PM
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Cool Re: Wiretapping/Eavesdropping in OK

OkieKAS,

Thanks for the answer... and Cited with both Title and Paragraph, too!


Mighty helpful!
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Old 06-20-2007, 04:20 AM
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Default Re: Wiretapping/Eavesdropping in OK

nice job, OkieKas - thanks!
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