can parents bug their children?

December 27, 2005 7:05 PM

Can a parent legally bug and record their underage children's phone calls?
posted by StickyCarpet to Law & Government (16 answers total)

(INAL) Yes... but the person the child is conversing with could probably sue depending on how the recordings are used.
posted by StarForce5 at 7:09 PM on December 27, 2005

IANAL, but, as a general rule, since the child is underage, there really isn't anything illegal about any monitoring you do of your own child, provided no other obvious laws are broken or abuse is taking place. Your children living in your house have no significant claim to legal privacy or privileged conversations.

but the person the child is conversing with could probably sue depending on how the recordings are used

This brings up an interesting point. Who is on the other side of the phone conversation, what is their status (underage too?), what is the subject of the conversation (discussing illegal activity?) and what do you plan to do with the recording?

Also as a general rule, it is OK to record one's own conversations for virtually any use. You could make the argument that you are tapping your own line for this purpose. On the other hand, the caller could make an argument that he/she has a reasonable expectation of privacy if your child swears up and down that the line is not tapped. But again, it comes back to, what are you tapping the line for?
posted by frogan at 7:23 PM on December 27, 2005

Best answer: Your profile says you're from New York state. Google sez:

One New York court ruled that a mother who listened to her son's telephone conversation through an extension phone violated this provision of the statute because the son explicitly instructed his mother to stay off the extension phone during the conversation and there was no proof that the other conversation participants had consented to her listening. The fact that it was her phone, in her apartment, was irrelevant.

Source: Hidden ameras, Hidden Microphones -- New York laws
posted by SuperNova at 7:27 PM on December 27, 2005

Cameras, of course.
posted by SuperNova at 7:28 PM on December 27, 2005

Best answer: And here's a more comprehensive guide, which, though it appears to be selling a product, seems to be a handy reference point, with state-by-state rules and everything. It's a call recording product, so I guess they wouldn't want you to use their product illegally without being warned.

I googled | new york recording phone | . A lot of not-quite-right results, but some useful ones.
posted by SuperNova at 7:33 PM on December 27, 2005

In most states, it is LEGAL to record a telephone call as long as one of the two parties is aware of the recording. So if you call someone and record, even if they don't know, it's still legal because one of the parties — you — knows that you are recording.

Intriducting a third party into this equation puts you into really murky waters.
posted by Brittanie at 9:02 PM on December 27, 2005

That should be "introducing". Sorry.
posted by Brittanie at 9:03 PM on December 27, 2005

To qualify what Brittanie said, most US states are considered 'one-party' or 'two-party' states for this purpose — in some states it's acceptable to record calls when one party to the call is aware of the monitoring, while in others both parties must be aware. I'm not sure how this might apply to recording the underage. New York is a one-party state (cite), but keep in mind that even if you are allowed to record the conversations of your underage child you might still be violating the law by recording a conversation he or she has with a non-underage individual while neither party is aware of it.
posted by IshmaelGraves at 10:30 PM on December 27, 2005

There is also the violation of the trust relationship between the child and the parent. I wouldn't do it, legal or not, and I can't see how this could be legal; you are not a party to the conversation.
posted by caddis at 4:22 AM on December 28, 2005

Of course there's trust. Tell your child "I trust you to be a good kid, but trust me, while I'm responsible for you, your actions, and your safety, at times I may monitor things to protect you. That includes internet usage and phone calls." (You don't have to mention GPS tracking of their driving habits.) Back it up with stories of kids being eaten by wolves when their parents didn't pay attention.

And now one party has been notified that their conversations could be recorded or monitored. Oh, yeah, INAL, so maybe check with one in New York.
posted by mumeishi at 8:27 AM on December 28, 2005

To get around this entire problem, only allow your children to use a portable phone. It has never been illegal to monitor portable phones with a scanner (although cell phone monitoring may be illegal, I'm not that much up on US law).

It is, however, generally illegal to RECORD anything monitored with a scanner (with some exceptions, obviously).
posted by shepd at 9:31 AM on December 28, 2005

"I trust you to be a good kid, but trust me, while I'm responsible for you, your actions, and your safety, at times I may monitor things to protect you. That includes internet usage and phone calls."
...just like in changing rooms!

If the child is talking to you, then yes, usually. If not then no, not usually.
posted by klangklangston at 10:29 AM on December 28, 2005

"And now one party has been notified that their conversations could be recorded or monitored. Oh, yeah, INAL, so maybe check with one in New York."

Informing someone that you're planning to illegally eavesdrop on them does not make it legal.
posted by Jairus at 10:31 AM on December 28, 2005

To get around this entire problem, only allow your children to use a portable phone. It has never been illegal to monitor portable phones with a scanner (although cell phone monitoring may be illegal, I'm not that much up on US law).

This is also illegal, as cellular and cordless calls are protected in NY. Eavesdropping is a felony.
posted by Jairus at 10:38 AM on December 28, 2005

There's a "This American Life" story about a parent doing exactly what you're suggesting. The results are surprising. It's called 'Telephone,' and it first ran on 1/16/1998. Give it a listen.
posted by Sara Anne at 11:15 AM on December 28, 2005

Ugh. My parents did this to one of my younger siblings (unbeknowest to the rest of us in the house, who were also bugged and recorded). It was very creepy and simply gave further evidence of their utter lack of parenting skills.
posted by footnote at 12:02 PM on December 28, 2005