~ legality of recording – in and out of the courtroom ~

The law regarding overt and surreptitious use of technology -recording and GPS location tracking devices- varies between jurisdictions, and between the type of technology and the circumstances under which it is used. I previously wrote about the ins-and-outs of telephone recording and provided a link to the various state laws.

The legal threshold that law enforcement must meet when using cellphones for real-time tracking of criminal suspects is hotly debated. Today’s New York Times has a front page piece, Live Tracking of Mobile Phones Prompts Court Fight. [Bypass subscription: xjd556/mini1] Last month, I wrote about these court cases.

A state-by-state analysis of the eavesdropping laws was put together in 2003 by the Radio-Television News Directors Association. More recently they have posted a state-by-state guide to the laws regarding recording devices in the courtroom.

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