Fact · Voice privacy and security
The federal Wiretap Act says it is not unlawful for a person to intercept a wire, oral or electronic communication when they are a party to it or one party has given prior consent to the interception.
Checked against its source on October 16, 2026
In the source's own words
“(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception”
18 U.S. Code 2511: Interception and disclosure of wire, oral, or electronic communications prohibited, Legal Information Institute, Cornell Law School, 2026, 18 U.S.C. 2511(2)(d).
Open the original- What it measures
- This is the federal one-party consent rule. States may set stricter rules, and a call can be covered by the stricter state.
- What it does not show
- Federal rule only. The full text adds an exception for recordings made to commit a crime or tort.
Source
Cited on
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