Can someone located in the USA legally record a phone call with someone located in Canada, without consent? The person recording is in the Florida, USA and is having a conversation with someone located in Canada.

1 Answer 1


A variant of this question is addressed in Kearney v. Salomon Smith Barney, with recording taking place in a call between a 1-party and an all-party jurisdiction (California and Georgia). The CA Supreme court ruled in favor of California as the "most-interested" jurisdiction, which if applied to your hypothetical would favor Florida as the most-interested jurisdiction. There would be a true conflict in the law of the two jurisdictions, and (with substitution of names of jurisdictions)

as a general matter, the failure to apply California→Florida law in this context would impair California's→Florida's interest in protecting the degree of privacy afforded to California→Florida residents by California→Florida law more severely than the application of California law would impair any interests of the State of Georgia→Nation of Canada

The thing is, the person in Florida is violating Florida law by recording, so the cross-jurisdictional issue would only favor the person being recorded in Florida. The Florida statute makes no mention of where the person being recorded is, so there exception to the effect that the law does not apply when the person being recorded is outside of Florida. The Florida person broke Florida law.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .