Laws and limits
Recording Laws: One-Party vs. All-Party Consent States
Whether you can record a conversation depends on where you are, and sometimes where the other person is.
Key points
- Most states allow a participant to record
- Several states require all parties' consent
- Recording others' conversations is generally illegal
One-party consent
In most states and under federal law, a person who is a party to a conversation may record it without telling the others, as long as it isn't done for a criminal or tortious purpose.
All-party consent
A smaller group of states, including California, Florida, Illinois, Maryland, Massachusetts, New Hampshire, Pennsylvania and Washington, generally require everyone's consent, at least where there's an expectation of privacy. Some states, like Oregon, Nevada, Connecticut and Michigan, have rules that depend on the type of communication or have been interpreted differently by courts.
Recording others
Recording a conversation you aren't part of, such as a hidden recorder in a room, is generally illegal wiretapping or eavesdropping.
Interstate calls
When parties are in different states, the stricter rule may apply. When in doubt, get consent or legal advice.
State-by-state
Each of our state pages summarizes that state's general rule. Summaries aren't legal advice; laws change and nuances matter.
Common questions
Can I record my spouse's phone calls?
Not calls you aren't part of. That's generally illegal interception.
Can a detective record conversations during surveillance?
Generally not conversations between others.
Is video recording in public legal?
Video in public places is generally lawful; audio is treated differently.
This guide is general information, not legal advice. Laws change and vary by state; consult an attorney about your situation. See our legal disclaimer.
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