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Old 01-05-2016, 06:22 PM   #1
GasKing
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So basically I'm in a graduate program at an undisclosed school. The school I go to is partially funded by state/city so the employees are state and or city employees. I had an issue with one of the advisors for my program where he was extremely rude and unprofessional to me (I was asking basic questions regarding my program). My appt was for a hour and he tried kicking me out after 25 minutes. I recorded the whole conversation on my phone (I was very polite and courteous btw). I was wondering if me recording the audio is legal given the facts of the situation. If it is legal I am going to pursue this further to the schools administration and show them the audio. FYI I'm in NY. All help appreciated.
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Old 01-05-2016, 06:25 PM   #2
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recommend looking up your state's recording laws. For example, in certain states it's a one-party consent state where only one person (such as yourself) has to give consent to being recorded and the other party is SOL

I think that's how it goes.

Website after quick googling:

https://www.rcfp.org/reporters-recor...te-state-guide

edit:

looks like NY is a one party consent state

Quote:
Summary of statute(s): An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents. N.Y. Penal Law §§ 250.00, 250.05 (McKinney 2012).

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Old 01-05-2016, 06:27 PM   #3
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Apparently that's illegal in NY

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In-person conversations: The "mechanical overhearing of a conversation," or the "intentional overhearing or recording of a conversation or discussion, without the consent of at least one party thereto, by a person not present" is illegal. N.Y. Penal Law § 250.00. A state appellate court held that individuals who talk in a manner such that a non-participating third party may freely overhear the conversation may have no reasonable expectation of privacy in it. New York v. Kirsh, 575 N.Y.S.2d 306 (N.Y. App. Div. 1991). Thus, a journalist does not need consent to record conversations in public where there is no reasonable expectation of privacy. - See more at: http://www.rcfp.org/reporters-record....SmXH8kgq.dpuf
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Old 01-05-2016, 06:29 PM   #4
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Apparently that's illegal in NY
That's not my reading of your excerpt, apparently we're both referencing the same website. lol

It says at least one party (which in this case would be GK) has to give consent.

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Old 01-05-2016, 06:30 PM   #5
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Apparently that's illegal in NY

It says one party consent no?
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Old 01-05-2016, 06:31 PM   #6
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Help me out guys. This guy was such a pompous douche, extremely unprofessional. I need some hard evidence before I go after this guy
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Old 01-05-2016, 06:34 PM   #7
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Help me out guys. This guy was such a pompous douche, extremely unprofessional. I need some hard evidence before I go after this guy
Googling shows that NY is a one-party consent state.

Quote:
"New York Recording Law

Note: This page covers information specific to New York. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.
New York Wiretapping Law

New York's wiretapping law is a "one-party consent" law. New York makes it a crime to record to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents. N.Y. Penal Law §§ 250.00, 250.05. (link is to the entire code, you need to click on the Penal Code section, then choose Article 250 and locate the specific provisions). Thus, if you operate in New York, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties. "
http://www.dmlp.org/legal-guide/new-york-recording-law
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Old 01-05-2016, 06:36 PM   #8
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Ok awesome. I hope VaderDave can chime in and interpret this better. FYI it's sell phone audio that I took during our face to face conversation.
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Old 01-05-2016, 06:37 PM   #9
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Help me out guys. This guy was such a pompous douche, extremely unprofessional. I need some hard evidence before I go after this guy
You're going to "go after" a professor in your graduate program for being a "pompous douche, extremely unprofessional"? I hope you've surveyed the rest of the staff to determine that they all dislike said professor first, or graduate before "going after" him....

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Old 01-05-2016, 06:42 PM   #10
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He's not a professor. Director/adviser to program. All my professors love me and it's my last semester to this program and my grades speak for themselves. Very well known school FYI. I will not tolerate things like this or he will continue to do this to other students. This man needs to be checked.
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Old 01-05-2016, 06:47 PM   #11
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He's not a professor. Director/adviser to program. All my professors love me and it's my last semester to this program and my grades speak for themselves. Very well known school FYI. I will not tolerate things like this or he will continue to do this to other students. This man needs to be checked.
Well you go right ahead and "check him", I'm sure he'll be impressed and change his ways after you do so. There is absolutely no way that pissing of the "director/advisor" for a program at a "very well known graduate school" could possibly be anything but good for you...

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Old 01-05-2016, 06:48 PM   #12
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He's not a professor. Director/adviser to program. All my professors love me and it's my last semester to this program and my grades speak for themselves. Very well known school FYI. I will not tolerate things like this or he will continue to do this to other students. This man needs to be checked.
In what way was he rude or unprofessional? What did you he say to you that caused you to be offended?
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Old 01-05-2016, 07:03 PM   #13
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Listen I'm thick skinned and I deal with people with attitudes day in and day out. In one ear and out the other. This guy went above and beyond with his pompous douche baggery and is very condescending. This man has no place in the education system. I'll leave it at that.
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Old 01-05-2016, 07:03 PM   #14
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I what way was he rude or unprofessional? What did you he say to you that caused you to be offended?
^^^This!
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Old 01-05-2016, 07:05 PM   #15
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It's not so much that I was offended, but I will do everything in my power to let the administration know what kind of employee they have working for them. Fortunately I have donated to the school so it's a bit easier getting the higher ups on the phone.
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Old 01-05-2016, 07:07 PM   #16
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Back on topic please. So what's the verdict with the audio? Legal? I'm going to bring a copy of the law when I speak to administration.
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Old 01-05-2016, 07:09 PM   #17
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details, man, we need details!
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Old 01-05-2016, 07:12 PM   #18
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That's not my reading of your excerpt, apparently we're both referencing the same website. lol

It says at least one party (which in this case would be GK) has to give consent.
Correct

Let him dig himself in further by denial and lying before producing audio.
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Old 01-05-2016, 07:13 PM   #19
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Correct
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Old 01-05-2016, 07:37 PM   #20
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Correct

Let him dig himself in further by denial and lying before producing audio.

That was the plan. Anymore tips? I'll also have that law on paper when they start crying "illegal to record" bullshit.
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