Question 1

Which US states require two-party consent?

Accepted Answer

Twelve states require everyone's agreement: California, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania and Washington. Nevada and Connecticut sit in a grey area that has produced conflicting rulings and should be treated the same way. Every other state, and federal law, follows the one-party rule.

Question 2

Whose law applies when the call crosses a border?

Accepted Answer

In practice, assume the strictest one governs your risk. Being in a one-party state does not protect you from a participant in an all-party state, who can bring a claim where they are. A four-person call can span three legal regimes, which is why announcing the recording is a better strategy than working out which rule wins.

Question 3

Does saying "this call is being recorded" count as consent?

Accepted Answer

In most all-party jurisdictions, continuing the conversation after a clear announcement is treated as consent. Massachusetts is the exception worth knowing: its statute turns on secrecy rather than consent, so the announcement itself is what makes the recording lawful. Either way, ask and wait for an audible yes. It is captured in the recording, which is the evidence you would actually need.

Question 4

Is it legal to record a meeting in Germany?

Accepted Answer

Not without everyone's agreement. Section 201 of the German Criminal Code makes recording the non-public spoken word without consent a criminal offence, and it applies to participants as much as to eavesdroppers. Germany is the jurisdiction to plan around if your calls reach the EU. GDPR obligations apply on top of that.

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