This is not about music, but well, it's the off-topic area, right? Lots of experts here, so I might as well give this a try.
I'm following up on a thread elsewhere about a crime investigation. Some conversation was recorded and turned in to the police. Now, some people feel strongly about the recording because the recorder - the machine/device/equipment/whatever - was never presented. They claim the recorded evidence is worthless without the recorder, and the police should have apprehended the equipment, whatever it was.
Apart from possible pigheaded legal procedure requirements, does that make any sense? Should the recorder be relevant at all when the police has the recording and experts to analyse it? Can you even hack a recorder with the intent of fraud? Why would someone ever hack a recorder when you can just edit the recording?
Yeah. That would be like requiring the bank to turn in not only the video clip, but the camera, lens, cable, processing gear, and computer that saved the video of a bank robbery suspect.
Total nonsense.
The video or audio clip will stand on it's own and the best the opposing party can do is ask the court for a forensic examination of the clip to be sure it's unaltered. But...like crappy video, if the audio recording is poorly done, it's practically worthless anyway.
Something else that is noteworthy..... you can record video all day long in public places and business locations without problems. You CAN NOT legally record someone's voice without their prior written approval. I'm in the security business and we never install the audio feature on many cameras for that very reason. Audio is a totally different topic. SO...... unless there's a warrant, or notification..."this call may be recorded for training purposes" you risk problems with the laws on wiretapping.
Last edited by Guitarhacker; 05/22/1711:05 AM.
You can find my music at: www.herbhartley.com Add nothing that adds nothing to the music. You can make excuses or you can make progress but not both.
The magic you are looking for is in the work you are avoiding.
The video or audio clip will stand on it's own and the best the opposing party can do is ask the court for a forensic examination of the clip to be sure it's unaltered.
To me it sounds like this may be what is occurring; they don't want a merged file (in a given format and all one event) but rather the original audio (and a way to examine it). I was asked to participate in such a lawsuit once and politely declined. I was offered a wav file to examine and eventually said 'nope'.
I could mix 20 tracks in PT/RB and in the end (since it ends up as one contiguous file as merged) conceivably convince someone in forensics it really happened, but it might not be accurate .. and since I did not record the above example I wasn't gonna vouch for it. May be the same thing is happening here.
/It was a strange request but they were willing to pay .. like I said my reply was 'Nope'.
Make your sound your own! .. I do not work here, but the benefits are still awesome
Isn't the consent law different in different states? Some state does not require 2 party consent.
You are half right. Wiretapping, and recording phone and live conversations are covered by federal law and a confusing network of state laws. I think the common thread in those laws is that without a warrant, the recorded party must be informed in one way or another that they are being recorded.
When my company installs camera systems we always place signage at the entrance to the recording area in a business.
Public common areas are, as I said previously, fair game, and you have no expectation of privacy on a public street, for example. You are free to record video on a street. However, recording audio crosses that line. BUT.... with today's smart phones and everyone has a video camera that records audio.... the waters get a bit murky. I think the deciding factor in a court would be "intent". There's a huge difference between shooting a video of your kid at a park, vs zooming in to snoop on two people talking at a restaurant table surreptitiously.
In this business, recording audio along with video is a HUGE "NO NO". Fortunately, the laws for recording audio have some common sense otherwise you'd have to have everyone in the audience "sign off" at a concert to record a live show.
I call some tech support lines from time to time that play a message before you are connected to the technician that states, "This call may be recorded for training purposes", and you have the option to not talk to the tech. Back in the day there used to be a beep every 15 seconds to let you know the conversation was being recorded.
Last edited by Guitarhacker; 05/23/1702:17 AM.
You can find my music at: www.herbhartley.com Add nothing that adds nothing to the music. You can make excuses or you can make progress but not both.
The magic you are looking for is in the work you are avoiding.
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