Can You Record Conversations in Montana Without Consent?
You had an argument with your boyfriend, or maybe a negotiation with your boss and afterwards you thought to yourself, "man, if only had a recording of that conversation!"
I stumbled upon this awesome app known as 'Alibi' for my Android phone, basically it's being touted as a "DVR for your life", allowing you to set permissions on your phone to record any and all things around you at any given time. Video, phone calls, microphone recordings, pics, you name it.
'Alibi' is creepy, but unique in the sense that you 'set it and forget it' and it will always keep the last hour of your life stored on your phone while discarding the rest to save space. It also found the sweet spot for your battery life so that it doesn't drain all too much. It's perfect for when you need to capture that all too important conversation and need to replay it for evidence or to remember what was said!
But is it legal to use? Well, the downside (or upside, depending on who's side you are on) is that certain states allow single-party consent, while others do not. A few remaining states in America enforce a third-party consent, meaning you have to let them know that they are being recorded.
So, what about Montana?
Well, fear not privacy seekers. According to the Telephone Recording Laws of the United States, Montana is one of the last states to enforce a slight variation of third-party consent.
According to Wikipedia:
Some states currently require that all parties consent to the recording: California, Connecticut, Florida, Hawaii (in general a one-party state, but requires two-party consent if the recording device is installed in a private place), Illinois (debated, see next section), Maryland, Massachusetts, Montana (requires notification only), New Hampshire, Pennsylvania, and Washington.
So there you have it, you simply have to notify them that you are recording in the state of Montana. Basically, before you roll tape you have to get audio of them saying that "yes, it's alright to record me" and then you are in the clear.