[BC] RE: NPR violation of 73.1206?

[Larry Albert]

You can record it.

We do not know what limitations Indiana places on the use of a recorded 
conversation.

FCC rules that it can not be broadcast from any state.

Two different events; two different laws

Albert


At 07:29 PM 11/23/05 -0500, you wrote:
>>Regarding Issue #1: I'm not a lawyer but I have been told be several
>>lawyers in Indiana that it *is* legal in Indiana to record a phone
>>conversation.  The law states as long as one member of the party agrees
>>to the recording then it is legal.  Since I would be one member of that
>>party and I agree then I can record the conversation legally.
>
>Logically, that sounds bizarre to me, but I know nothing of Indiana's 
>state laws.  If only one party is required for the recording of a 
>telephone conversation, for what reason does either party need to 
>agree?  An agreement mutually exists between two or more parties.
>
>The more important issue is related to federal preemption.  The U.S. 
>Constitution's Supremacy Clause effectively trumps state law when state 
>and federal law are at odds with each other.  Assuming your facts are 
>correct regarding Indiana's state law, their law is at odds with respect 
>to federal broadcasting regulations.  So, while there be no violation as 
>far as the state is concerned, the federal government doesn't give a damn 
>what Indiana has to say about it.
>
>Paul
>
>
>====================================
>Paul Christensen, CPBE, CBNT
>LAW OFFICE OF PAUL B. CHRISTENSEN, P.A.
>3749 Southern Hills,  Jacksonville, Florida 32225
>Office: (904) 379-7802   Facsimile: (904) 212-0050
>pchristensen at ieee.org
>
>
>
>
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