The Mazza Law Group, P.C.
2790 W. College Ave., Suite 800
State College, PA 16801 March 10, 2016
(814) 237-6255

Is it illegal recording a conversation with an Iphone app?

Yes- if the conversation is being taped surreptitiously- that is, secretly.  Illegal recording of a conversation is prohibited under the Pennsylvania Wiretapping and Electronic Surveillance Law.  A recent Superior Court holding in Commonwealth v. Smith determined that an iPhone is a device which falls under the Pennsylvania’s wiretap act.  The Superior Court ruled that an employee’s act of secretly recording a conversation with his boss can be prosecuted.

Violations of the wiretap statute can result in a felony conviction for an individual who:

(1)  intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication;

(2)  intentionally discloses or endeavors to disclose to any other person the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication; or

(3)  intentionally uses or endeavors to use the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of a wire, electronic or oral communication.

18 Pa.C.S.A. 5703

Illegal Recording

So, before you press “record” on a smartphone, tablet, or computer, make sure the other party to the conversation is aware of the recording and consents to it.  Without a person’s consent an illegal recording is made and you may be reported to law enforcement. If you have been criminally charged with a wiretap violation for making an illegal recording or any other offense, an experienced criminal defense attorney at The Mazza Law Group, P.C. can help.  Our criminal lawyers will review your case promptly and get your side of the story to determine what relief you have available.  Contact us to schedule a consultation to review your case today.