Both federal and state laws can govern the use of recording equipment, and the unlawful use of this type of equipment can give rise not only to a civil suit by the “injured” party, but also potential criminal prosecution.
In Oregon, the state Supreme Court has held that the taping of a telephone conversation with one party’s consent was not illegal. See State v. Lissy, 304 Or 455, 747 P.2d 345 (1987).
In the Lissy case, the court analyzed the interception by police, without a court order, of certain telephone conversations with the consent of one of the parties to the calls. The court concluded that the legislature in 1955 had prohibited the wiretapping of telephone calls, but had excepted from that prohibition the interception of calls either with a court order or with the consent of at least one participant.
However, despite this case law that allows "one party consent" in Oregon, there may be other possible civil and/or criminal repercussions, depending on the specific facts of how you might go about recording such a conversation.
In order to fully protect yourself and secure your rights under the law, it is wise to speak with an attorney about the full extent of your situation before engaging in an activity that might expose you to any potential liability.
Bronson D JamesCriminal Defense AttorneyPortland, OR ·
You should consider ORS 165.540, “obtaining the contents of communication.” That statute specifies that you cannot record a conversation with informing the participants of the recording, regardless of whether you are a party. It applies to any recording, not just by telephone. I am personally aware of several prosecutions out of Lane county, for example, where people recorded their traffic stop on their cell phone and were charged with this crime. One case is currently on appeal.