LAWS ON RECORDING CONVERSATIONS IN ALL 50 STATES

2022 Update by MATTHIESEN, WICKERT & LEHRER, S.C.

Individuals, businesses, and the government often have a need to record telephone conversations that relate to their business, customers, or business dealings. 

The U.S. Congress and most states’ legislatures have passed telephone call recording statutes and regulations that may require the person wanting to record the conversation to provide notice and obtain consent before doing so. Most states require one-party consent, which can come from the person recording if present on the call. However, some states require that all parties to a call consent to recording.

Laws governing telephone call recording are typically found within state criminal statutes and codes because most states frame call recording as eavesdropping, wiretapping, or as a type of intercepted communication. State laws may not explicitly mention telephone call recording because of these technical definitions. Accordingly, counsel may need to infer when and under what circumstances a state permits telephone call recording by reviewing prohibited actions.

The big issue when it comes to recording someone is whether the jurisdiction you are in requires that you get the consent of the person or persons being recorded... more

Top Spy News of the Week

A huge data leak of 1 billion records exposes China’s vast surveillance state
One billion resident records were allegedly siphoned from a police database... A massive store of data containing information on about one billion Chinese residents could be one of the biggest breaches of personal information in history. more

How the FBI Wiretapped the World
We finally understand the code behind the Anom phones... For years criminal organizations around the world were buying a special phone called Anom. The pitch was that it was completely anonymous and secure, a way for criminals to do business without authorities watching over their shoulder. It turned out that the whole thing was an elaborate honeypot and that the FBI and law enforcement agencies around the world were listening in. They’d help develop the phones themselves. more

France Spied on Nearly 23,000 People in 2021 Using Technical Tools
France’s National Commission for the Control of Intelligence Techniques has claimed that nearly 23,000 people were spied on by French authorities last year using ‘technical tools’ like geolocation and recording conversations. more

MA - Lawmaker Hopes to Change Wiretapping Law

MA - A Massachusetts state lawmaker outlined his reasons for updating the state wiretapping law to allow victims of domestic violence to record their abusers...

Alex Fopiano was in court today as his lawyer asked the judge to dismiss the criminal charges against him. He is accused of attempting to suffocate his wife, Shauna Fopiano, with a pillow...

She was criminally charged with eight counts of illegal wiretapping for making secret recordings of her husband, her alleged abuser. In a deal approved earlier this month, the charges will be dismissed in six months as long as she commits no other crimes.

"I was shocked that this is something that could still actually happen to somebody in Massachusetts," said state Sen. Patrick O'Connor, R-Weymouth.

The state's wiretapping law makes it a criminal offense to record someone without their permission. O'Connor said it should be updated to include an exemption to give victims of domestic violence the chance to record their abusers. more

17 CIA Tips - Think like a spy and stay safe while on vacation

The CIA is releasing these tips – or travel tradecraft, in spy parlance – as part of its ongoing effort to demystify its work in assisting the American public, according to agency spokesperson Walter Trosin.

I found the CIA's best practices, culled from the experience of its officers in the field, are exceptionally helpful, easy to adopt and especially relevant to Americans in these fraught times.

Here’s how to think like a spy on the ground overseas... more

Walmart Patents Technology to Eavesdrop on Workers

In the latest piece of evidence that we’re living squarely in a dystopia, Walmart has won a patent for technology that will allow bosses to eavesdrop on their workers. 

The audio surveillance technology can measure workers’ performance and listen to their conversations with customers at checkout. The “listening to the frontend” technology, as its called, might never be used—it’s one of many patents the company has applied for in recent years—but shows that company bosses are thinking about how they can use tech to monitor their workers. 

Walmart said in a statement: “We’re always thinking about new concepts and ways that will help us further enhance how we serve customers... more

Man Sentenced to Prison for Federal Wiretapping Charge

WV - A former Logan County resident was sentenced today to two years and three months in prison, to be followed by three years of supervised release, for prohibited interception of oral communications. Randall Dwight Holden II, 33, was also ordered to pay $100,000 in restitution.

According to court documents and statements made in court, Holden admitted to secretly recording a video of a woman engaged in sexually explicit conduct in her Logan County home on November 25, 2017. The video was later uploaded to the internet without the victim’s knowledge. The video was one of several secretly recorded videos that Holden had created and posted online depicting the victim. 

United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Police-Bureau of Criminal Investigations (BCI) and the Federal Bureau of Investigation (FBI). more

In The Listeners, Brian Hochman Details History of Eavesdropping (Book Review)

The Listeners: A History of Wiretapping in the United States, by Brian Hochman, Harvard University Press, 368 pages, $33.67

America's first wiretapping conviction happened in 1864. A stockbroker named D.C. Williams had been tapping a telegraph line in California to get corporate information, which he used for advantageous stock trades. The law he broke had been passed two years earlier, making California the first state to regulate wiretapping.

The telephone had not been invented yet, and the transcontinental telegraph had only just been completed. The Golden State's legislators were ahead of the game. Ever since then, legislation dealing with electronic surveillance has been playing catch-up—both with the technology and with public sentiment. more

Thus, Giving GoPro a Whole New Meaning

A GoPro camera found hidden in a bathroom at a high school graduation party in a Petaluma home led to the arrest of a 44-year-old man, California police reported. 

Charles G. Korrell of Ross, California, faces a charge of peeping, Petaluma police said in a news release. Officers were called to the home Tuesday, June 14, when someone found a GoPro camera in a litter box in the bathroom during a graduation party thrown by the resident for their 17-year-old, police said. 

...It had been recording for 30 minutes before being found. An investigation discovered Korrell had accidentally recorded himself placing the camera in the litter box, police said. more

“Real knowledge is to know the extent of one’s ignorance.”

Finland shuts down Confucius Institute amid espionage accusations... A cooperation contract between Helsinki University and the Confucius Institute will be terminated following accusations of spreading Chinese soft power, conducting espionage, and an attempt to block discussions on Tibet.

Belgium closed its Confucius Institute in 2019, Sweden and Denmark in 2020, and Norway in 2021. There are currently around 190 institutes in the EU. As of April, the number of institutes in the US had fallen to 18. more

The Strange Spy Case of Dr. Doublelives

An internationally recognized Mexican scientist who pleaded guilty to acting as an unregistered agent for the Russian government and spying on an FBI informant in the Miami area, was sentenced Tuesday to four years in a U.S. prison...

Cabrera led a double life — as a cardiac scientist and a foreign agent — while also being married to a woman in Russia and another in Mexico, according to the few public court records. Much of the case was treated as a deep secret on national-security grounds under the Classified Information Procedures Act, or CIPA. more

The Hero of Watergate - Security Guard, Frank Wills ...his sad story.

Frank Wills - Security Guard
The Hero of Watergate

A native of Savannah, Georgia, Wills moved to Washington D.C. in 1971. He took an $80. per week job as a security guard with a company called GSS manning the midnight-to-7 a.m. shift at the Watergate office complex.

Wills' claim to fame...
Wills (24 years old) stumbled upon a "third-rate burglary" taking place in an office leased to the Democratic National Committee.

In the early morning of June 17, 1972, while making rounds, he noticed a piece of adhesive tape covering the door latch on a door between the basement stairwell and the parking garage. Wills suspected the cleaning crew (they left earlier) had taped over the door latch to prevent it from locking. He removed the tape and went on with his duties.

Meanwhile… James McCord, the leader of the buglers and a former CIA employee, noticed the tape was missing. Rather than calling off the intrusion, he just re-taped the door.

Wills made his rounds again – at approximately 1:55 am – and saw the tape had been replaced. It was not the cleaning crew! Wills called the police.

If Wills had not performed his security guard duties diligently, there probably would not have been a Watergate scandal.

The result... Eavesdropping alters American history, and a president resigns.

Washington DC police arrested five men wearing surgical gloves and carrying bugging equipment in the sixth-floor offices of the Democratic National Committee.

Recognized...
Wills received recognition for his efforts. He received an awards from the Democratic Party and Southern Christian Leadership Conference (the Martin Luther King Award - its highest honor). He played himself in the movie "All the President's Men" starring Robert Redford and Dustin Hoffman - written by Washington Post reporters Bob Woodward and Carl Bernstein.

For a while, he was sought after by the Washington press corps. Attorney Dorsey Evans was his agent. Reporters were charged as much as $300 for interviews. Some paid. Plans were made for him to lecture, but were abandoned as his 15 minutes of fame waned.

Forgotten...
In 1973 - he left GSS due to their unwillingness to provide paid vacations. He had trouble finding full-time employment after that. In the Washington Post he was quoted as saying... "I don't know if they are being told not to hire me or if they are just afraid to hire me." By the late 70's, he had moved in with his ailing mother.

In 1983 Wills was sentenced to a year in prison for shoplifting – a pair of sneakers.

On the 25th anniversary of the break-in (1997) Wills was bitter. In a Boston Globe interview, he said: "I put my life on the line. If it wasn't for me, Woodward and Bernstein would not have known anything about Watergate. This wasn't finding a dollar under a couch somewhere."

Gone...
Frank Wills died broke on September 27, 2000 at age 52 in a hospital in Augusta, Georgia. Brain tumor.

Bob Woodward said, "He's the only one in Watergate who did his job perfectly."

50 Years Ago Today – Watergate

The full story is here.

Watergate Break-In 50th Anniversary Video

Former Counsel and staff of the Senate Watergate Committee, along with the special prosecutors, lawyers and journalists who played a role in the political scandal, mark the 50th anniversary of the break-in. video

Spend the night at the Watergate

7 Movies to Watch on the 50th Anniversary of Watergate

Just coincidence? 

You decide.

“History doesn't repeat itself, but it does rhyme.” This observation, attributed to Mark Twain, is particularly apt as the 50th anniversary of the “third rate burglary” at the Democratic National Committee’s Watergate building office that led to the only resignation of a US President, coincides with the 2022 televised hearings of the U.S. House Select Committee to Investigate the January 6th Attack on the United States Capitol.

50 years of Watergate in pop culture (podcast - 28 minutes)

Watergate related news the Security Scrapbook has followed over the years.

Drone Zapper – 40 in one blow!

Aerial drones are essentially the new improvised explosive devices (IEDs)—they’re relatively cheap and easily weaponized. Weaponized swarms of drones working together on a mission are an asymmetric threat that can quickly turn into an ugly situation...

An arms race of sorts is quietly underway to be able to counter any countermeasures against drones...

The U.S. Air Force deployed Raytheon Intelligence & Space’s first high-energy laser weapon system (HELWS) overseas...

HELWS is a 15-kW-class laser weapon system that fires a silent near-infrared beam of light to shoot down a drone or deliver what’s known as a “hard kill” within the defense realm. It’s capable of taking out at least 40 drones coming at it, and has a fairly long (yet undisclosed) range. more

FutureWatch: An App to Find Wi-Fi Spycams & More

Hidden IoT devices are increasingly being used to snoop on users in hotel rooms or AirBnBs. We envision empowering users entering such unfamiliar environments to identify and locate (e.g., hidden camera behind plants) diverse hidden devices (e.g., cameras, microphones, speakers) using only their personal handhelds.

Imagine a user walking into an unfamiliar environment such as a hotel room or Airbnb. Nowadays, the user has to be wary of wireless Internet-of-Things (IoT) devices being used to spy on them. These devices could be installed by the owner or by a previous guest. This threat is not just hypothetical...

...we want to empower users so that as they enter an unfamiliar space, they can run an app on their personal handheld (e.g., phone or tablet). This app would report a list of detected and identified devices and their corresponding locations. 

“Detect,” here, means knowing that there is some device (i.e., binary notification), “identify” entails knowing what type of device it is (e.g., type=camera), and “localize” entails knowing the device’s location in the physical space (e.g., behind the plants). While cameras in particular are imminent privacy threats, in general we want to detect/identify and localize diverse hidden IoT devices, as these could also be potential threats for tracking users. more

Kids Culture Child Care in Dover, NH Indicted on Wiretapping

An owner of the Kid's Culture childcare center is “vehemently” denying and disputing a state agency's report stating it used excessive disciplinary tactics and did not follow state staffing regulations, among other infractions...

According to the report, staff at first denied there were video cameras and denied the use of timeouts or other punishments of the children during visits by investigators on March 16, March 19 and April 6. When confronted with the videos, the report states, staff then denied the cameras were trained on the bathroom area, which the report states was also proven to be untrue. more