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If one of the two parties to a conversation in a 2-party consent state has the permission of the other to record the conversation, does the other party need to obtain permission to do the same as well?
Or is everyone allowed to record without permission once a single party has permission to do so?

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Technically the states that aren't 1 party consent are all-party consent. See Washington's RCW 9.73.030 for an example.

(1)...it shall be unlawful ...to intercept, or record ... without first obtaining the consent of all the participants in the communication

(3)...consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.

When I announce that I am going to record, then by continuing to talk the other parties are deemed to have consented to me recording (because I am a very trustworthy guy). That does not mean that anybody else can record without likewise announcing that they are going to record, whereby they can consent to this other less-trustworthy guy also recording them.

  • Wow, I just saw a duplicate of my own question in the Related Questions sidebar. Didn't see it when I searched for it though. But thanks anyway! – Mehrdad Aug 11 '16 at 1:18
  • BTW -- I can't tell if your answer is correct or not. I just read the answers on the other question and one agrees with you and one disagrees. Would you mind taking a look and seeing if you agree or disagree? – Mehrdad Aug 11 '16 at 1:21
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    I'm not persuaded that announcing that a recording is being made thus makes a communication public: there's no case law given that supports either position. I will see if I can find anything. – user6726 Aug 11 '16 at 1:40

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