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Let's say you're in California talking on the phone. Would it be legal to record just your part of the conversation without having approval from the other party?

For example, could you set up a recording device on the desk and have it recording what you're saying during the whole conversation assuming it's not sensitive enough to pick up what the other person is saying also?

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Since you are only recording one party, no laws restrict you from doing so.

Most states follow a "one-party law" that requires consent of at least one party in order to record a conversation between more than one party. However, California (and ten other states) has a "two-party law" that requires both parties involved to consent to being recorded.

In this case though, you aren't seeking to record a conversation but instead just your own words. There is nothing against this at all. It doesn't matter that your words are being used in conversation — they're still your own words.

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  • 3
    What if you "repeat the questions" of the opponent aloud? :-)
    – cnst
    Oct 12, 2015 at 5:52
  • 4
    You can claim that you are repeating aloud what the other party says, but there is no proof for it. If your recording was used in a court, it would be hearsay.
    – gnasher729
    Nov 17, 2018 at 23:37
  • But would it be legal to publicize a one sided recording with the other end substituted by an actor? Feb 26, 2021 at 9:55
  • @ScottyBlades I think that's a gray area that would probably get you a lawsuit
    – Adam
    Feb 26, 2021 at 12:44
  • Would it be risky if nothing private were disclosed AND the identity of the call participants were anonymized? For example if I were doing this with interviews, and I didn't say which company was interviewing me, and no trade secrets were disclosed? Only how to answer challenging interview questions? Feb 26, 2021 at 22:06

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