Using an iPhone to secretly record a conversation is not a violation of the Wiretap Act if done for legitimate purposes, a federal appeals court has ruled.
The defendant must have the intent to use the illicit recording to commit a tort of crime beyond the act of recording itself,” (.pdf) the 2nd U.S. Circuit Court of Appeals ruled.
Friday’s decision by the 2nd U.S. Circuit Court of Appeals, which involves a civil lawsuit over a secret audio recording produced from the 99-cent Recorder app, mirrors decisions in at least three other federal appeals courts.
The lawsuit concerns a family dispute over the making of a dying mother’s will. Days before the Connecticut woman died, her son secretly recorded a kitchen conversation between the son, mother, stepfather and others over how to handle her estate after her death.