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Would the recording done in Norway (valid evidence in Norwegian trial) of a skype conversation between the company in Norway and the company in Florida be valid evidence in a Trial in Florida?
In the US there are two types of defined recording situations for audio recording. They are usually referred to as "One Party Consent" and "Two Party Consent".
- "One Party Consent" means that only the person doing the recording has to give consent and does not have to notify the other party or parties that the conversation is being recorded.
- "Two Party Consent" means the person recording the conversation must notify all of the other parties that the recording is taking place and they must consent to the recording.
Yes, it would be valid because the taping was legal in Norway and if recorded in Norway.
Federal law requires that at least one party taking part in the call must be notified of the recording (18 U.S.C. §2511(2)(d)).
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