Kanye West and The Controversial Taping of Taylor Swift without her Consent; Wiretap; Maryland Consent Wiretap Laws - Diamant Gerstein

 Posted on July 19, 2016 in Uncategorized

Did Kanye West break California law by secretly recording Taylor Swift? Would you consider what Kanye did “secretive?”

Kanye West might have broken California law by secretly recording Taylor Swift, even though the recording helped him show Swift knew some of what he planned to say about her in his song Famous.”Might have,” because it’s not clear where Swift was when she took the call: California? Nashville? New York? For that matter, it’s not clear where West was when he made the call.The distinction is important because laws banning or permitting secret recordings differ from state to state. California is a two-party consent state, meaning any recording must have the consent of both parties, the recorder and the recordee. Maryland is a two-party consent state as well.  In Maryland, you can’t simply tape someone else without their permission.In my opinion, Kanye West is not going to face any criminal fall-out from this taping. Why? First of all, Taylor Swift doesn’t have an expectation of privacy in a situation like this.  Kanye West and his wife regularly tape themselves for Kim Kardashian’s ridiculous reality show.  Moreover, it is alleged that a producer of Kim Kardashian’s tv show told Taylor Swift that Kim was taping her tv show.  So, at the end of the day, I do not believe Kanye West will face criminal repercussions for his taping of Taylor Swift.