Covertly Recording Telephone Conversations

Covertly Recording Telephone Conversations
Compiled By Ralph Thomas

Review The Internet's Largest Collection Of Long Play Tape Recorders

The federal law makes it unlawful to record telephone conversations except in one party consent cases which permit one party consent recording by state law. What that means is a person can record their own telephone conversations without the knowledge or consent of the other party in those states that allow one party consent.

It's important to understand the difference between what has become known as one party consent and two party or all party consent. One party consent simply means that one party to the conversation must have knowledge and give consent to the recording. Two party or all party consent means that every party to the conversation must have knowledge and give consent to the recording.

There are twelve states that require all party consent. They are:

California Connecticut Delaware Florida Illinois Maryland Massachusetts Michigan Montana New Hampshire Pennsylvania Washington

There are 38 states that permit one party consent. They are:

Alaska Arkansas Colorado District of Columbia Georgia Hawaii Idaho Indiana Iowa Kansas Kentucky Louisiana Maine Minnesota Mississippi Missouri Nebraska Nevada New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia West Virginia Wisconsin Wyoming

In all 50 states and through federal law, it's considered illegal to record telephone conversations outside of one party consent. There are a couple of exceptions. In the state of California, one party consent can be applied only under circumstances in which one party is involved in criminal activity which would include extortion or blackmail. In the state of Arizona, the subscriber to a telephone service can record telephone conversations with no party consent when criminal activity is involved. Other than those two known exceptions, all other recordings outside of those states that permit one party consent are a violation of state and federal law. The question is often asked by clients if they can record the telephone conversations of their spouse in a domestic case or the conversations of their children concerning drug usage. In both of these cases, the answer is it's unlawful. Many clients will complain that they own the telephone and pay the telephone bill so they should therefore have a right to record what they want. However, the law doesn't address who owns the phone nor who pays the phone bill. It only addresses the use of one party and all party consent. Anything outside of that is a violation of state law and federal wiretapping law.

The Federal Communications Commission goes further into details on recording telephone conversations and states that the party recording must give verbal notification before the recording and that there must be a beep tone on the line to indicate that the line is being recorded.

Business Recordings
Federal law permits businesses to monitor phone calls that are business related when the monitoring is part or the ordinary course of business. When the content of the telephone conversation is of a personal nature, the monitoring must stop. In those cases of two party consent states, this exemption may be voided.

Calls Crossing State Lines
Calls that cross state lines become complicated legal issues especially when one state is a one party consent state and the other state is an all party consent state. What has happened is that you didn't violate the law in the one party consent state and violated the law in the all party consent state. Moreover, since the call went across a state line, the federal laws would certainly apply. The most famous case involving this type of issue is the Linda Trip case. You will recall that Linda Trip recorded the telephone conversations of Monica Lewinski concerning her relationship with President Clinton. Trip was in Maryland and Lewinski was in DC. Note that Maryland is an all party consent state while DC is a one party consent state. The law is actually quite fuzzy on these issues. The recorder is advised to assume that the sticker law would apply.

Cell Phones And Wireless Phones
Cell and wireless telephones transmit conversation through the air like a radio does. You hear old stories of spying using scanners locked onto a wireless telephone frequency with an attached voice activated tape recorder connected to it to eavesdrop on the conversation. Until certainly, the laws concerning this activity was fuzzy. However, federal law now makes it illegal to record both wireless and cell phone conversations outside of one party consent. You used to be able to go into places like Radio Shack and purchase scanners that would lock onto the frequencies needed to pick up wireless and cell phone conversations. These scanners are now illegal to sell or be in possession of.

STATE-BY-STATE ALPHABETICAL LIST Alabama - One Party Alaska - One Party Arkansas - One Party California - All Party Colorado - One Party Connecticut - All Party Delaware - All Party District of Columbia - One Party Florida - All Party Georgia - One Party Hawaii - One Party Idaho - One Party Illinois - All Party Indiana - One Party Iowa - One Party Kansas - One Party Kentucky - One Party Louisiana - One Party Maine - One Party Maryland - All Party Massachusetts - All Party Michigan - All Party Minnesota - One Party Mississippi - One Party Missouri - One Party Montana - All Party Nebraska - One Party Nevada - One Party New Hampshire - All Party New Jersey - One Party New Mexico - One Party New York - One Party North Carolina - One Party North Dakota - One Party Ohio - One Party Oklahoma - One Party Oregon - One Party Pennsylvania - All Party Rhode Island - One Party South Carolina - One Party South Dakota - One Party Tennessee - One Party Texas - One Party Utah - One Party Vermont - One Party Virginia - One Party Washington - All Party West Virginia - One Party Wisconsin - One Party Wyoming - One Party

Other Related Links:
A Practical Guide to Taping Phone Calls
and In-Person Conversations in the 50 States and D.C.
http://www.rcfp.org/taping/

18 USC 2510, et seq, The Electronic Communications Privacy Act of 1986.
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS

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Copyright: 2006, Ralph D. Thomas
All rights reserved.Note: Graphics contain copyright protection code that notify us if you steal them and use them on the Internet.

The Nixon White House Tape Recorders Now With Key Video Presentations Of The Watergate Story And Audio Presentations Of What Was On The White HouseTap

The Nixon White House Tape Recorders
Now With Key Video Presentations Of The Watergate Story
And Audio Presentations Of What Was On The White HouseTapes

In 1971 President Nixon installed secret audio recording systems in the Oval Office, his hide-out office in the Executive Office Building, the Cabinet Room and at Camp David . Conversations were recorded between February 16th, 1971 through July 18th, 1973. The recorders where installed and maintained by the US Secret Service. There were a total of seven hidden microphones in the Oval Office. Five where in the President's desk and one each on each side of the fireplace mantle. Two microphones were installed under the cabinet room table in front of the President's chair. These hidden mics ran to a place in the basement of the West Wing and connected to a voice activated tape recorder hidden in a locker. Four microphones where also placed in Nixon's Old Executive Office Building Office which connected to another tape recorder in another room. The desk phones in the Oval Office, The Executive Office Building Office and the one in the Lincoln Bedroom in the residence of the White House were connected to tape recording systems and telephone calls where automatically recorded. The recordings were tied to the US Secret Service Presidential Locator system. This was a system that knew where the President was at all times. The voice activated automatic tape recording system only worked when the President was in the room. However, it recorded automatically when Nixon was present. Nixon was not the first President to use a secret recording system. Both Kennedy and Johnson secretly recorded some meetings and phone calls. In fact, secret audio recording goes all the way back to President Franklin D. Roosevelt. The Nixon tapes consist of 2,019 hours of audio recordings.

Oval Office/White House Recorder Sony TC-800B Audio Recorder The secret White House taping system used a Sony TC-800B audio recording machine like the one on the right. It was a simple machine that was not expensive and cheap tiny Lavalier mics were used that were hidden throughout the Oval office and Nixon's hideout office in the OEB. The recordings were made on thin 0.5-mm tape running at the unusual speed of 15é16 inch per second - half the speed of a cassette recorder. The slow tape speed degrades the recording's already poor signal-to-noise ratio.This accounts for the poor quality of the tapes.

Nixon's Uher 5000 Tape Recorder And The 18.5 Minute Gap While the recordings were recorded on the Sony TC-800B, Nixon played them back and reviewed them on a Uher 5000. The famous 18.5 minute gap was determined to be caused, not by Rosemary Woods in a transcribing accident, but caused by eight separate erasers.

The Watergate Tapes Audio Links From The Spy And Private-Eye Museum Discussion Of Bugs Tape Friday, September 15, 1972 White House Oval Office President Nixon, H.R.Haldeman, John W. Dean III About 34 Minutes Click Here To Play The Wave Recording A discussion of press treatment of the break-in and lawsuits; discovery of another bug in the DNC; bugs in other political campaigns; DNC lawsuits; Edward Bennett Williams; RNC countersuits; election law violations; Congress; the burglars' civil rights; the Washington Post's TV & Radio licenses; depositions on sex-lives of DNC members. The Smoking Gun Tape Friday, June 23, 1972 White House Oval Office President Nixon And H. R. Haleman About Eight Minutes Click Here To Play Wave File of Recording "The Smoking Gun" conversation: Haldeman and Nixon discuss the progress of the FBI's investigation especially the tracing of the source of money found on the burglars. They propose having the CIA ask the FBI to halt their investigation of the Watergate break-in by claiming that the break-in was a national security operation. This was the final tape release in the final days of the Nixon Presidency that triggered his resignation speech. After this type was released, almost all support for Nixon for an impeachment in the US Senate was gone. "Cancer on the Presidency" Tape Wednesday, March 21, 1973 White House Oval Office President Nixon. H.R.Haldeman. John W. Dean About 37 Minutes Click Here To Play Wave File Of Recording The "Cancer on the Presidency" conversation: Dean recaps the history of the Watergate break-in and subsequent cover-up for the President. They guess at who was responsible for setting the break-in in motion. Dean tells the President that the cover-up is "a cancer on the Presidency" that must be excised or his Presidency would be in danger. Also discussed: references to blackmail, perjury; discussion of paying the burglars off with one million dollars. This tape has John Dean talking about hush money paid to the Watergate burglars to keep them quite. Dean tells Nixon that there is a "cancer" growing around the his Presidency and that these people are going to want a lot more money to remain quite. Nixon asks how much Dean thinks it would cost and dean states that it could cost a million dollars. Nixon is recorded stating that he knew where a million dollars could be obtained. The Nixon Resignation Speech Listen to a complete Real Audio tape of Nixon's resignation speech. The FBI Investigation of Watergate This is a 126 page FBI report of the FBI Investigation of Watergate in a PDF file.

A Close-Up Of The Sony Recorder Model That Was Used To Record White House
Oval Office Conversations In A Locker Below The Oval Office. (See Map Below)

Above photo shows the location of the oval office and the Nixon hide out office where he bugged himself
and the residence where he sat in the Lincoln bedroom and listened to the tapes.

A Photo Of Rose Mary Woods shown how she might have erased the tapes.

A Close-Up Of The Model Of The Uhler Tape Recorder/ Player That Rose Mary Woods
Used That Produced the 18.5 Minute Gap. This Is Also The Same Model Rumored To
Be That Nixon Would Set Alone In The Lincoln Setting Room Upstairs In The White
House To Listen To The Evidence Of The Bugging He Did Of Himself And Others.

The 18 And 1/2 Minute Gap
On the first tape requested from Nixon's secret taping system

The 18 and 1/2 minute gap in the Nixon tapes occurs on tape 342, a meeting on June 20th, 1972 between H.R. Haldeman and President Nixon in the Executive Office Building. This is just three days after the Watergate break-in. As the two talk about assorted matters of concern to the President, there is suddenly an 18 and 1/2 minute gap on the tape. The White House claims the gaps was made accidentally by Rose Marry Woods when she answered the telephone during a period of time she was typing transcripts of the tape. It was later determined that the eraser was made by hitting the erase button nine times.

Watch the YouTube video of Alexander Butterfield
testifying before the senate committee

A Close-up of the Uher 500 Reel-to-Reel Tape Recorder Opened.

Video Presentation By Alexander Butterfield
Alexander Butterfield was The White House assistant That Revealed The
Existence Of The White House Taping System To The Senate Committee
Gives A Presentation On His Events While Working For Nixon

Rose Mary Woods, President Nixon's secretary making the cover of
Time Magazine, Decemeber14, 1973 with a line drawing of the Uhler recorder.

Click Here To See The Watergate Bug Exhibit

Watch A Video Of The Richard Nixon Funeral

You Can Learn More About The Nixon Tape Recordings from:

The Nixon Presidential Materials Web Site

From The Ralph D. Thomas PI Vintage Collection
THOMAS INVESTIGATIE PUBLICATIONS, INC.
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Writing a high tech surveillance report.

New Technology In Writing A High Tech Surveillance Report
Making Your Surveillance Reports Look Sharp With Google
Maps, Satellite Images And Street Views
By Ralph Thomas

The old saying that a picture is worth a thousand words applies to the new online tools you can use when writing a surveillance report that will make you stand out. There is also the old saying that a bad surveillance can be saved with a good surveillance report but a good surveillance looks like a bad surveillance when the surveillance report is done poorly. There is good news because you have multimillion dollar technology you can use to jazz up your surveillance reports that will make them look very sharp! The above Satellite map was quickly done in Goggle maps. By using the new street view, you can add street view photos to many locations and add these to your surveillance report. You now have multimillion dollar technology to use for your own surveillance reports. By utilizing these online tools, you can now add:

• A Street Map
• A Satellite Map
• Various Street Views Of The Surveillance Location

Once you have done a few of these, you yourself will be simply amazed on how the graphical displays, maps and photographs can add a highly impressive and professional high tech look to any of your surveillance reports. Remember that your investigative report is the end work product of your job and it's the only physical thing, other than your video surveillance evidence, that your clients have. Reports done like this will not only highly impress your current client, you can make up some sample reports to show to potential clients who will be highly impressed when compared to the boring old standard investigative report with just words in it. Yes, a photo is worth a thousand words, everyone knows that and you can now easily provide your clients and potential clients with a striking visual presentation that makes you and your investigations stand out from the crowd!

What Is Street View
Street view is a new view you can obtain in Goggle maps. This is done with a special 3-D camera that is attached to the top of a vehicle which Goggle has driving around to take the 3-D photos. What is amazing is that when you click on street view (indicated by a little man when you are in Goggle satellite view) a widow pops up that will let you actually travel down a street and look to the left and look to the right.

Note the man in the satellite image. When you click on that, a window pops up and you can move
around the area is street view as well as look to the left and look to the right using your mouse.

Mapping The World In 3-D Street View To the left is a typical setup for a Goggle car with a 3-D street view camera on top of it. The 3-D camera takes 360 degree video images which will let you walk down amy street the Goggle street view car has mapped and they are mapping the world like this. Chances are good, there is a street view tool for the area of your next surveillance so check it out.

Watch The Video Of How Google Street View Works Click On The Graphics To The Right Or Just Click Here To Watch An Online Video Of How Google Street View Works So You Can Get An Idea Of How You can Take Freeze Frames Of This New Technology For Your Surveillance Investigative Reports.

On the above photo, note the arrows. By looking at the blue outline on the streets, one quickly determines that a street view can be obtained for both the front of the house and the back of the house since the back of the house is a vacant lot that can be viewed from the road behind the house.

How The Photo Display Is Done! Using An Apple Computer
You will need a full version of Photoshop and an Apple Computer with OSX.

1) Go to: http://maps.google.com.
2) Type in your address and click on Satellite View.
3) Using a little program called "Grab" which is part of the Apple OSX operation system Click Out The Satellite View And Save The Image.
4) Go Down To Street View And Repeat Step Three For Each Location.
5) Launch Photoshop And Open Each Of Three Images You Saved.
6) Scale And Crop The Satellite Image and place it in the middle of a blank window.
7) Using The Elliptical Marquee tool set to a feather of 20, crop each street view image and place on each side of the Satellite Image.
8) Each image is now it's own layer. Adjust the placement of images to how you want them.
8) Add arrows for each street view photo and you are done.
9) Flatten the images in the window.
10 ) Save image to import into your surveillance report.

This type of image can be done in a matter of just a few minutes with the right tools. You now have a very sharp image to import into your surveillance report that will impress your client. Note that the satellite view also reveals a pool in the back yard of this location. This could be of use to your client. Not only will this technology highly impress your client and help them understand the layout of the surveillance area, it also becomes a great aid for pre surveillance checks and helps you determine before hand where and when to start the stakeout.

Secrets To Learning Photoshop The Right Way! Is this confusing you? Not to worry! Photoshop is a software program that one might say does have a learning curve to use but once you know how to use it, it is a snap to use and this technique only takes a few minutes to do. You could purchase a book and spend hours, weeks and months trying to figure out what they are talking about or you could take an online course that will merely take you a few hours. One of the secrets to learning powerful software programs is a little company called VTC (http://www.vtc.com/). VTC has online tutorials for major software programs that you can either take online or purchase the training on DVD. By watching these programs, you can quickly learn programs such as Photoshop. VTC has a program in which for $30.00 a month, you can have online access to 70,000 different instant video tutorials and 650 different courses. I personally have used VTCto learn Photoshop, Dreamweaver and a host of other powerful software programs. Although this will be time consuming at first, once you learn how to do this sort of thing; you'll be light years ahead of your competition and your surveillance reports will look the very best they ever could! Try it you will like it! Not only that, you can go to this web site and take some free demo training right now on hundreds of programs.

You might also want to add a standard street map. In areas where there is terrain, hills and mountains, you can simple click on Terrain and obtain images that shows that. Below is a typical street map and a terrain view.

Map View from Google Maps

Terrain View From Google Maps

And Oh Yes! There's Even More And It's Photos!
Aside from Street View, Map View and Satellite view, Google Maps has come up with something else! They have linked photos to their maps! Below is a screen shot of Goggle maps using the address: 1600 Pennsylvania Ave NW Washington, DC 20006, the White House. When you click on " MORE" then select "PHOTOS: , you can see photos taken all over the place. You simply click on any photo and it pops up in another window. In many locations there are hundreds of them as shown below.

How is this done? Google Maps IDs photo locations and addresses it can through the millions and millions of photos displayed on the web and then links it to it's mapping. What that means is that if anyone has taken a photo of a certain location, made it public on the web with it's location, chances are good that Google Maps will link it. At first, this might not seem like much to you. However, let us say as an example that you have a subject who traveled to the famous Willard Hotel in downtown Washington. Look at the graphics below you could add to your surveillance report!

You have a satellite view and map of the hotel location. You also have a photo of the front of the building, a photo of the outside entrance,
a photo of the front desk and a photo of the hallway to get to the rooms. All quickly done using online tools.

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