Court Rules In Favor Of iPhone Audio Recording

Posted Aug 23, 2010

If you use the iPhone to record a phone conversation for legitimate purposes, you are not in violation of the Wiretap Act according to a federal appeals court. The lawsuit involved in this case relates to when a son secretly recording a conversation in the kitchen about how to handle a dying mother’s will between the son, stepfather, mother, and others.

The son handed over the audio from the Recorder iPhone application to the court in 2008. The stepfather sued the son over a privacy breach under the Wiretap Act. A federal judge dismissed that case so the stepfather appealed.

?We affirm, and, in so doing, hold that the exception to the one-party consent provision of 18 U.S.C. ยง 2511(2)(d) requires that a communication be intercepted for the purpose of a tortious or criminal act that is independent of the intentional act of recording,? stated the federal appeals court in New York.