Recording Privates

Recording Privates

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In the old days, it was fairly easy for people to determine if their personal conversations were being recorded because private recording equipment was so arcane that about the only way to obtain reliable audio was to stick a microphone in someone's face. But today, with just a couple of taps, almost anyone can record almost anything that someone else says.
With cell phones, just about anyone can record a conversation anywhere or even livestream the interaction without the other party knowing, but the important legal question is do you want to take that action knowing that recording someone without their permission can result in incarceration ranging from 1-7 years in the Illinois Department of Corrections?
Most people’s confusion about the leagality of recording others comes in the different legal standards in different jurisdictions.
There are one party consent jurisdictions. These generally provide:
Illinois is NOT a one party state. Illinois is a two party consent state. This means that ALL the parties to the conversation MUST consent for the recording to not violate the law. Two party consent jurisdictions generally provide:
Thus is you are accused of violating this statute, the question will become, was there a reasonable expectation of privacy to the conversation?
Under the Constitution, people have a right to keep private conversations private, so the no-recording rule generally applies in situations that involve a reasonable expectation of privacy .
This expectation still arises in a number of situations. Attorney-client, doctor-patient, and broker-client spring immediately to mind. In fact, the attorney, doctor, and broker all face substantial disciplinary or other sanctions if they wrongfully use the information they obtain in such discussions.
The law in the Prairie State is fairly well-established, and requires both parties in a private conversation to consent to its recording. As for private conversations, the new law somewhat clarifies the expectation of privacy, as it prohibits:
In other words, if the recorded party has a reasonable expectation of privacy and the recording party secretly records a conversation anyway, the recording party is guilty of a felony. To clarify, Illinois is a state where the law requires the consent of both parties before a conversation can be recorded, with limited exceptions to that rule.
In addition to surreptitious private recordings, the penal code also prohibits intercepting third-party conversations, manufacturing an eavesdropping device, and using any information “which he or she knows or reasonably should know was obtained from a private conversation or private electronic communication in violation of this Article.”
Conversations at work sometimes come with little or no expectation of privacy, such as watercooler talk, conference room meetings, and so on. However, the conversation may be transformed into a private conversation in discussing things like trade secrets, business practices or strategies, or human resource issues. Private discussions still require the consent of both parties, especially if a professional, like a doctor, lawyer, or accountant, is at all involved in the conversation.
In any situation, a first offense is a Class 3 felony (maximum 2-5 years and $25,000 fine) and a subsequent offense is a Class 2 felony (maximum 3-7 years and $25,000 fine).
With today’s technology, you can record almost any conversation, but just like Grandmom used to say, “Just because you can do something, doesn’t mean you should do something.” Think twice before you decide to record that conversation.
For a confidential consultation with an experienced criminal law attorney, contact Glasgow & Olsson .
(image courtesy of Kate Reinholdtsen)
The law office of Glasgow & Olsson serves clients in the northwest Chicago suburbs, including Schaumburg, Palatine , Elgin, Hanover Park , Hoffman Estates, Arlington Heights, Mundelein, Fox River Grove, Buffalo Grove , Fox Lake, Killdeer, Rolling Meadows , Skokie, Des Plaines, Elmhurst, Itasca , Deerfield, Libertyville, Park Ridge, Barrington, South Barrington, North Barrington, Barrington Hills, Woodstock, River Forest, Crystal Lake, Highland Park, Prospect Heights, Inverness, West Chicago, Cary, Hawthorn Woods, River Woods, Lincolnshire, Vernon Hills, Lawn Grove, Mount Prospect, Streamwood, Bartlett, Elk Grove Village, Carbondale, Wheeling, Illinois and spans Cook County, Lake County, Kane County, McHenry County, Jefferson County, Williamson County, Pulaski County, Alexander County and DuPage County. Many of our clients' cases are heard in the Rolling Meadows Courthouse (the Third Municipal District of Cook County) and in the Skokie Courthouse (the Second Municipal District of Cook County).
Glasgow & Olsson | 1834 Walden Office Square, Suite 500 , Schaumburg , IL 60173 | 847-577-8700

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Smart speakers aren’t recording all the time, says David Choffnes, an associate professor of computer sciences. “But that doesn’t mean there’s no cause for concern.” Photo by Matthew Modoono/Northeastern University

Are Alexa, Siri, and Cortana recording your private conversations?

Enter your search terms then press the return/enter key to submit your query.
Smart speakers act as our personal assistants, offering a hands-free way to get information, control our homes, and manage our schedules. And like any good assistant, they are always listening.
Each device has a “wake word” that triggers it to begin recording, processing, and transmitting what it hears.
“OK Google, remind me to call my mom at noon tomorrow.”
“Hey Siri, play Toxic by Brittany Spears.”
David Choffnes is an associate professor of computer sciences at Northeastern. Photo by Adam Glanzman/Northeastern University
But how often are these devices waking up accidentally? Are they recording our private conversations and sending them to cloud-based storage? Is our personal information safe?
The good news is, they aren’t recording all the time, says David Choffnes , an associate professor of computer sciences at Northeastern. And when they are activated accidentally, the recordings are typically short.
“But that doesn’t mean there’s no cause for concern,” he says.
In a recent study , Choffnes and his colleagues set out to determine how often, and for how long, these speakers might be waking up and recording us. And because the inner workings of these devices are proprietary information, the best way to test them was to watch as they listened to conversations. A lot of conversations.
The researchers set up smart speakers of various types with the ultimate binge watch: 134 hours of audio from a dozen popular Netflix shows, including “Gilmore Girls,” “Narcos,” “The West Wing,” and “Dear White People.” A video of the scene (seven smart speakers listening attentively to one regular speaker) tracked activati
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Recording Privates

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