What's happening
This bill changes the definition of wiretapping to require that a party conducting a recording must expressly inform all other parties present.
Why it matters
Raises the standard for legal recordings. The bill requires anyone making a recording of a telephonic or telegraphic communication to *explicitly inform all other parties present*, rather than simply relying on the consent of one party. This provides a clearer, higher threshold for lawful recordings.
Strengthens privacy protections. By mandating express notification, the bill gives individuals greater control and awareness over when their conversations are being recorded, potentially reducing the risk of secret or deceptive recordings.
Could impact law enforcement and private investigations. The stricter requirement may affect how law enforcement, employers, and private individuals conduct recordings, possibly limiting the use of single-party notification and affecting evidence gathering.
Clarifies legal boundaries. The change removes ambiguity in the law, making it easier for courts and individuals to determine when a recording is lawful, and increasing the potential for civil or criminal liability if proper notice isn’t given.
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Who cares
People whose telephone calls are recorded by third parties
The bill would replace consent from either sender or receiver with a requirement that the recording party expressly notify all other parties present.
Third-party call-recording services
Their recordings would fall within the wiretapping definition without the required announcement, even if a sender or receiver consented.
Prosecutors and defense attorneys
The bill would change the notice standard they must evaluate when determining whether third-party interception or recording constitutes wiretapping.
Telephone and telegraph corporations
The bill would retain exemptions for normal operations and specified uses of their services and facilities.
Headline styles
Change Wiretap Consent Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3974
2019-2020 Regular Sessions
IN SENATE
February 22, 2019
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the definition of wiretapping
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 250.00 of the penal law, as amended by chapter 744 of the laws of 1988, is amended to read as follows:
1. "Wiretapping" means the intentional overhearing or recording of a telephonic or telegraphic communication by a person other than a sender or receiver thereof, without the [consent of either the sender or receiver] party conducting the recording expressly stating to all other parties present that such party is conducting the recording, by means of any instrument, device or equipment. The normal operation of a telephone or telegraph corporation and the normal use of the services and facilities furnished by such corporation pursuant to its tariffs or necessary to protect the rights or property of said corporation shall not be deemed "wiretapping."
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09582-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the definition of wiretapping
Purpose
That an individual recording a conversation or incident, where there is a reasonable expectation of privacy, must state their intentions to use a recording device so that all parties present know that such device is going to be used/is being used.
Summary of provisions
Section 1 amends the definition of "wiretapping" under section 250.00 of the penal law.
Section 2 states the effective date.
Justification
New York State is a one-party consent state when it comes to the record- ing of conversations or incidents where a reasonable expectation of privacy assumed. Given that we are in the 21st century and we now live in a society where every individual has access to a recording device of some kind, it is important that we update our laws to protect the priva- cy of all individuals in settings where that privacy should be expected and respected. This bill would simply allow for any individual present in a particular setting to be made aware of the use of a recording device by the individual conducting the recording.
Legislative history
2018 - S. 9174 - Rules Committee.
Fiscal implications
None.
Effective date
This bill shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.