Matthew McNicholas Speaks on the Uncertainty of Phone Privacy on KGO Radio Interview
Partner Matthew McNicholas was featured on Ethan Bearman’s KGO radio talk show to discuss the legality of recording phone calls without the consent of both speakers. The issue gained increased attention when rapper Kanye West released a recording of a phone conversation with singer Taylor Swift, supposedly recorded without her knowledge.
“In California, the law is, if you’re having what is potentially a private conversation where you have an expectation of privacy—the critical term—then it is illegal for somebody to record it,” Matthew said.
In the interview, Matthew also discussed how the timing of the phone call recording’s release from the Kanye West camp could affect Swift’s case, as she will likely have a hard time proving tangible damages. “They’re going to say, ‘This has been out in the public domain for a year.’ You can’t point to record sales drops or a concert that was cancelled.”
However, Matthew pointed out that there are also federal law implications in a potential case. “If you do it over a telephone — that implicates federal wiretapping violations.”