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Background
The Federal Communications Commission (FCC)
has adopted rules regarding the manner in which telephone
companies may record wireline telephone conversations. The FCC
currently has no rules regarding recording of telephone
conversations by individuals, but federal and many state laws may
prohibit this practice.
FCC’s Rules Regarding Telephone Company
Recording of Interstate or International Wireline Telephone
Conversations
The FCC protects the privacy of telephone
conversations by requiring notification before a recording device
is used to record interstate (between different states) or
international wireline calls. Interstate or international wireline
conversations may not be recorded unless the use of the recording
device is:
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preceded by verbal or written consent of
all parties to the telephone conversation; or
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preceded by verbal notification that is
recorded at the beginning, and as part of the call, by the
recording party; or
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accompanied by an automatic tone warning
device, sometimes called a “beep tone,” that automatically
produces a distinct signal that is repeated at regular intervals
during the course of the telephone conversation when the
recording device is in use.
Also, a recording device can only be used if
it can be physically connected to and disconnected from the
telephone line or if it can be switched on and off.
Recording Intrastate Wireline Conversations
Questions or complaints about recording intrastate (within the
same state) wireline telephone conversations should be addressed
to your state public service commission. Your public service
commission should be able to tell you whether such recording is
legal or illegal and how it is regulated. Contact information for
your state public service commission can be found at
www.naruc.org or in the blue pages or government section of
your local telephone directory. Wiretapping – Wireline Phones
Wiretapping is regulated by both the state and federal governments
and, if illegal, can be punished by criminal sanctions. For more
information concerning your state wiretapping laws, contact your
state Attorney General’s office. Look for contact information in
the blue pages or government section of your local telephone
directory. For information concerning federal
wiretapping laws, contact the Federal Bureau of Investigation
(FBI) at:
Federal Bureau of
Investigation
J. Edgar Hoover Building
935 Pennsylvania Avenue, NW
Washington, DC 20535-0001
(202) 324-3000.
You may also visit the FBI’s Web site at
www.fbi.gov.
For information regarding interception or
recording of wireless telephone conversations, see our consumer
fact sheet on interception and divulgence of radio communications
at
http://www.fcc.gov/cgb/consumerfacts/interception.html.
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Federal Communications Commission
