Alaska
Alaska Phone Call Recording Laws: Rules for Landline, Cell, and VoIP (2026)
Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 7 primary sources cited on this page. How we verify our legal content

In Alaska, any participant in a phone call may record it without notifying the other parties. AS 42.20.310 prohibits only non-participant interception. In Palmer v. State, the Alaska Supreme Court read AS 11.60.290, the eavesdropping statute then in force, as aimed at third-party eavesdropping and not at a participant who records the conversation.
Alaska's one-party consent law makes it straightforward to record phone calls. Under AS 42.20.310, you can record any phone call you participate in without telling the other person. The statute applies to all forms of telephone communication, from traditional landlines to modern VoIP platforms.
This page covers the specific rules for recording phone calls in Alaska, including cell phone calls, landline calls, VoIP and video calls, interstate considerations, business call recording, and the federal regulations that may also apply.
Alaska's One-Party Consent Rule for Phone Calls
The Basic Rule
Under AS 42.20.310, it is illegal to use an eavesdropping device to hear or record an oral conversation without the consent of a party to the conversation. The statute defines "eavesdropping device" as any device capable of hearing or recording an oral conversation "whether such conversation is conducted in person, by telephone, or by any other means."

Because the statute requires consent from only "a party" (singular), you satisfy the requirement by consenting to the recording of your own call. No notification, announcement, or beep tone is required under Alaska law.
What Types of Calls Are Covered?
The one-party consent rule applies to all forms of telephone communication:
- Landline calls (traditional wired phone service)
- Cell phone calls (all cellular carriers)
- VoIP calls (Zoom, Microsoft Teams, Google Meet, WhatsApp calls, FaceTime Audio)
- Video calls with audio (the audio portion falls under the eavesdropping statute)
- Satellite phone calls (commonly used in remote Alaska)
- Voice messages and voicemail recording
The Palmer v. State Foundation
The Alaska Supreme Court's decision in Palmer v. State, 604 P.2d 1106, 1108 n.5 (Alaska 1979), held that the eavesdropping statute then in force, AS 11.60.290, was intended to prohibit third-party eavesdropping and did not apply where one of the participants recorded the conversation.
Recording Cell Phone Calls in Alaska
Using Built-In Recording Features
Many smartphones now include native call recording features or support third-party recording apps. Using these tools to record your own calls is legal in Alaska. Popular methods include:
- Android native recording: Many Android phones offer built-in call recording in the Phone app
- Third-party apps: Apps available on both iOS and Android platforms
- External recorders: Devices that connect to your phone's audio jack or Bluetooth
- Speaker phone with separate recorder: Placing the call on speaker and using a standalone recorder
The recording method does not affect the legal analysis. As long as you are a participant in the call, the recording is legal under Alaska law.
Recording Texts vs. Calls
The eavesdropping statute specifically addresses "oral conversation." Text messages, emails, and other written communications are not covered by AS 42.20.310. Screenshots and saved copies of text conversations involve different legal considerations, primarily around digital privacy and electronic communications law.
Interstate Phone Call Recording

The Complexity of Cross-Border Calls
Alaska's one-party consent rule applies clearly when both parties are in Alaska. Complications arise when you call someone in another state with different consent requirements.
Two-Party Consent States to Watch
If you are in Alaska calling someone in one of these all-party consent states, that state's law may apply:
| State | Key Statute | Scope |
|---|---|---|
| California | Penal Code 632 | All conversations |
| Connecticut | Conn. Gen. Stat. 52-570d | Phone calls only (civil rule) |
| Delaware | 11 Del. C. 1335 vs. 11 Del. C. 2402 | Two statutes conflict; unresolved |
| Florida | Fla. Stat. 934.03 | All conversations |
| Illinois | 720 ILCS 5/14-2 | Private conversations |
| Maryland | Md. Code, Cts. & Jud. Proc. 10-402 | All conversations |
| Massachusetts | Mass. Gen. Laws ch. 272, 99 | All conversations |
| Montana | Mont. Code Ann. 45-8-213 | All conversations |
| Nevada | NRS 200.620 | Phone calls only |
| New Hampshire | N.H. Rev. Stat. Ann. 570-A:2 | All conversations |
| Oregon | ORS 165.540 | In-person conversations and video calls; phone calls are one-party |
| Pennsylvania | 18 Pa.C.S. 5703 | All conversations |
| Washington | Wash. Rev. Code 9.73.030 | All conversations |
Which State's Law Controls?
There is no uniform federal rule determining which state's recording law applies to interstate calls. Courts have taken different approaches:
- Some courts apply the law of the state where the recording occurs (Alaska, in this scenario)
- Other courts apply the law of the state where the recorded party is located (the other state)
- California's Supreme Court held in Kearney v. Salomon Smith Barney, 39 Cal.4th 95 (2006), that an out-of-state business recording calls with clients in California is subject to California's all-party rule going forward, though it declined to award damages for the business's past recordings, so recording a call with someone in California can expose you to California law even if you record from Alaska
The safest approach for interstate calls is to inform all parties that the call is being recorded. This complies with the strictest consent requirements and eliminates any ambiguity. If you want to skip the guesswork, run both states through our recording consent checker before you dial.
Federal Wiretap Act
The federal Wiretap Act (18 U.S.C. Section 2511) provides a baseline one-party consent standard. Under federal law, recording a phone call is legal when one party consents. However, federal law sets a minimum, not a ceiling. States may be stricter, and a recording must comply with both federal and state law.
Business Phone Call Recording
Why Businesses Record Calls
Alaska businesses commonly record phone calls for:
- Quality assurance and training: Reviewing calls to improve customer service
- Compliance documentation: Creating records of regulatory or financial transactions
- Dispute resolution: Preserving evidence of what was agreed upon during calls
- Security purposes: Monitoring for threats or fraud
- Performance evaluation: Assessing employee phone skills
Methods for Obtaining Consent
While Alaska law does not require businesses to obtain consent from the other party (because the business representative on the call satisfies one-party consent), many businesses choose to provide notice anyway. The FCC states that it has no rules on recording telephone conversations by individuals; the rules come from federal and state wiretap law. Common notice methods include:
- Pre-recorded announcement: "This call may be recorded for quality assurance and training purposes." This is the most common method and provides the best legal protection for interstate calls.
- Verbal disclosure by the representative: The employee informs the caller at the start of the conversation that it is being recorded.
- Beep tone: A periodic audible tone during the call indicates recording is in progress. No current FCC rule requires or approves this method (the old beep-tone rule was removed in 2017), and it gives less clear notice than a verbal announcement.
- Written consent: Advance written consent in contracts or terms of service.
Best Practices for Business Compliance
Businesses operating in Alaska should consider these practices:
- Use a pre-recorded announcement for all incoming and outgoing calls, even though Alaska does not require it. This protects against liability when callers are in two-party consent states.
- Train employees on the company's call recording policy and disclosure procedures.
- Maintain recordings securely with appropriate access controls.
- Establish a retention policy that defines how long recordings are kept and when they are deleted.
- Document consent by keeping a record of when and how consent was obtained for each recorded call.
Recording VoIP and Video Calls

Platform-Specific Considerations
Modern communication platforms have their own recording features and terms of service:
- Zoom: Provides built-in recording with a notification indicator visible to all participants. You can also use external recording without the platform's built-in feature.
- Microsoft Teams: Similar built-in recording with participant notification.
- Google Meet: Recording available for certain account types with notification.
- WhatsApp/FaceTime: No built-in recording, but external tools can capture the audio.
Under Alaska law, you can record any of these calls without using the platform's built-in feature and without notifying other participants. However, if participants are in two-party consent states, their state's law may apply.
Satellite Phone Calls
Alaska's vast wilderness and remote communities make satellite phones common in the state. The same one-party consent rule applies to satellite phone calls. If you are a participant, you can record the call without informing the other party.
Penalties for Illegal Phone Call Recording
Illegally recording a phone call in Alaska (such as tapping someone else's phone line without any participant's consent) is a Class A misdemeanor under AS 42.20.330:
| Penalty | Maximum |
|---|---|
| Jail time | Up to 1 year |
| Fine | Up to $25,000 |
Federal penalties under the Wiretap Act can be more severe: up to 5 years in federal prison and fines under 18 U.S.C. Section 2511.
Civil liability is also significant. Under 18 U.S.C. Section 2520, victims can recover:
- Actual damages plus profits gained from the illegal recording, or statutory damages of the greater of $100 a day or $10,000, at the court's discretion
- Punitive damages
- Reasonable attorney's fees
Using Phone Call Recordings as Evidence

Legally recorded phone calls are generally admissible as evidence in Alaska courts. To maximize the evidentiary value:
- Preserve the original recording without any edits or modifications
- Document the recording details: date, time, participants, and the device used
- Be prepared to authenticate the recording by testifying about its creation and chain of custody
- Anticipate hearsay objections: The recorded statements may be subject to hearsay rules, though many exceptions apply (party-opponent statements, excited utterances, present sense impressions)
Illegally obtained recordings are generally excluded from criminal proceedings and may be excluded from civil cases as well.
SB 85: The Failed All-Party Consent Bill
Senate Bill 85 would have converted Alaska from a one-party consent state to an all-party consent state. Had it passed, recording phone calls in Alaska would have changed dramatically:
- You would need consent from all parties before recording any call
- Secretly recording a phone call would become illegal even if you are a participant
- Businesses would need to obtain explicit consent from every person on the call
- Law enforcement would be exempt from the all-party requirement
SB 85 never moved past the Senate Labor and Commerce Committee after its February 5, 2025 referral, and the 2026 regular session ended May 20, 2026 with no action on it. Alaska remains a one-party state.
Practical Tips for Recording Phone Calls in Alaska
- Test your recording setup before an important call. Make sure the audio is clear and both sides of the conversation are captured.
- Use a reliable recording method. Built-in phone features and dedicated recording apps tend to produce better quality than external devices.
- Back up your recordings to a secure cloud service or external storage.
- For interstate calls, inform the other party. A simple statement like "I'd like to record this call for my records" eliminates any legal ambiguity.
- Keep a call log with recording metadata: date, time, duration, participants, and the purpose of the call.
More Alaska Recording Laws
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Frequently Asked Questions
Can I record a phone call in Alaska without telling the other person?
Yes. Alaska is a one-party consent state under AS 42.20.310. As a participant in the phone call, you can record it without informing or obtaining consent from the other person. This applies to landline, cell phone, VoIP, and video calls.
Can I record a Zoom or Teams call in Alaska?
Yes. Alaska's one-party consent law applies to VoIP and video calls. You can record a Zoom, Teams, or similar call without notifying other participants, as long as you are a participant yourself. If other participants are in two-party consent states, their state's law may also apply.
What if I call someone in California from Alaska?
California is an all-party consent state, and in Kearney v. Salomon Smith Barney (2006) the California Supreme Court held that out-of-state businesses recording calls with Californians are subject to California law going forward (it declined damages for the past recordings in that case), so California law may reach your call even though you record from Alaska. The safest approach is to inform the California resident that the call is being recorded and obtain their consent.
Can a business record customer calls in Alaska?
Yes. Under one-party consent, a business representative on the call satisfies the consent requirement. However, businesses are strongly advised to use a pre-recorded announcement notifying callers that the call may be recorded. This protects against liability when callers are in all-party consent states. The FCC has no rules on call recording; the requirements come from federal and state wiretap law.
Is it illegal to tap someone else's phone in Alaska?
Yes. Recording phone calls between other people without any participant's consent is illegal under both AS 42.20.310 (Class A misdemeanor, up to 1 year in jail and $25,000 fine) and the federal Wiretap Act (up to 5 years in federal prison). Victims can also sue under 18 U.S.C. 2520, where a court may award actual damages or statutory damages of the greater of $100 a day or $10,000.
Updates
Clarified that the California Supreme Court's Kearney decision applied California's recording law to the out-of-state business only going forward and declined damages for its past recordings.
We added Nevada and Delaware to the all-party consent table with each state's scope, removed the claim that FCC rules govern business call recording or beep tones, corrected the federal damages description and the Kearney case summary, and updated the status of SB 85. Corrected the Oregon row to note that video calls follow Oregon's all-party in-person rule, replaced the outdated SB 85 headings to reflect that the bill died in committee, removed the retired Skype service, and dropped the description's reference to FCC guidelines, since the FCC has no call-recording rules.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the description of Palmer v. State to the statute the Alaska Supreme Court actually construed (AS 11.60.290, the eavesdropping statute then in force) and removed claims that the decision addressed phone calls.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Alaska Statutes, Title 42. Public Utilities and Carriers and Energy Programs, Chapter 20. Telegraph and Telephone Systems and Cable Lines; Eavesdropping
§ 42.20.310EavesdroppingIn forcecited in 21 of our articles
(a) A person may not (1) use an eavesdropping device to hear or record all or any part of an oral conversation without the consent of a party to the conversation; (2) use or divulge any information which the person knows or reasonably should know was obtained through the illegal use of an eavesdropping device for personal benefit or another's benefit; (3) publish the existence, contents, substance, purport, effect, or meaning of any conversation the person has heard through the illegal use of an eavesdropping device; (4) divulge, or publish the existence, contents, substance, purport, effect, or meaning of any conversation the person has become acquainted with after the person knows or reasonably should know that the conversation and the information contained in the conversation was obtained through the illegal use of an eavesdropping device. (b) In this section eavesdropping device means any device capable of being used to hear or record oral conversation whether the conversation is conducted in person, by telephone, or by any other means; provided that this definition does not include devices used for the restoration of the deaf or hard-of-hearing to normal or partial hearing.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at akleg.gov
Also relied on in: Alaska Smart Glasses Recording Laws 2026, One-Party Consent States: Complete 2026 Guide, Alaska Recording Laws (2026): One-Party Consent Rules
§ 42.20.330PenaltyIn forcecited in 11 of our articles
A person who violates any of the provisions of AS 42.20.300 and 42.20.310 is guilty of a class A misdemeanor.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at akleg.gov
Also relied on in: Alaska Audio Recording Laws: One-Party Consent Rules and Penalties (2026), Alaska Dashcam Laws: Recording Rules, Windshield Mounting, and Legal Limits (2026), Alaska Landlord-Tenant Recording Laws: Cameras, Privacy Rights, and Disputes (2026)
Connecticut General Statutes, Title 52 (Civil Actions), Chapter 925
§ 52-570dAction for illegal recording of private telephonic communications.In forcecited in 56 of our articles
(a) No person shall use any instrument, device or equipment to record an oral private telephonic communication unless the use of such instrument, device or equipment (1) is preceded by consent of all parties to the communication and such prior consent either is obtained in writing or is part of, and obtained at the start of, the recording, or (2) is preceded by verbal notification which is recorded at the beginning and is part of the communication by the recording party, or (3) is accompanied by an automatic tone warning device which automatically produces a distinct signal that is repeated at intervals of approximately fifteen seconds during the communication while such instrument, device or equipment is in use.
Official text (excerpt) · last checked 2026-08-28 · Read the full text in our law library · Verify at cga.ct.gov
Cited in 22 court opinions in our collectionLatest citing opinion in our collection: 2024
In the courts (editorial summary, independently checked):Holler v. Buckley Broadcasting Corp. (1998) held section 52-570d creates a cause of action unknown at common law that is strictly construed, and does not reach a third party's rerecording of an already illegal tape. Jezouit v. Malloy (2019) held the statute does not waive the state's sovereign immunity from suit.
Opinions citing this section in our collection:
- Holler v. Buckley Broadcasting Corp. (Connecticut Appellate Court 1998, 47 Conn. App. 764)✓A girlfriend secretly taped a radio employee's call, and a coworker re-recorded that tape and used it to get him fired. The court held section 52-570d, strictly construed, bars taping a private call but not a third party's re-recording of an already illegal tape.
- Jezouit v. Malloy (Connecticut Appellate Court 2019, 193 Conn. App. 576)“…his complaint because (1) he brought his claim pursuant to General Statutes § 52-570d, which he contends waives sovereign imm…”
- State v. Skok (Supreme Court of Connecticut 2015)“…on without the consent of all parties to the communication. General Statutes § 52-570d (a) prohibits the use of ‘‘any instrume…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can an Employer Record Conversations Without Consent? (2026), Can I Sue Someone for Recording Me on Private or Public Property?, Can You Record ICE Agents? Know Your Rights by State (2026)
Florida Statutes
§ 934.03Interception and disclosure of wire, oral, or electronic communications prohibited.In forcecited in 53 of our articles
(1) Except as otherwise specifically provided in this chapter, any person who:(a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication; (b) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or 2.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 74 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Walls (1978) held that recording an in-home oral communication without the consent of all parties violated section 934.03 and required suppression, and State v. Inciarrano (1985) held the statute protects only communications uttered with a reasonable expectation of privacy.
Opinions citing this section in our collection:
- State v. Walls (Supreme Court of Florida 1978, 356 So. 2d 294)✓An extortion victim secretly recorded threats made to him in his own home; the court held that was a protected oral communication, that recording it without every party's consent violated Section 934.03, and that Section 934.06 barred using the tape as evidence.
- SHARRON TASHA FORD v. CITY OF BOYNTON BEACH (District Court of Appeal of Florida 2021)“…ng oral communications in violation of the wiretap statute, section 934.03, Florida Statutes (2009), and for obstructing without vio…”
- State v. Calhoun (Circuit Court for the Judicial Circuits of Florida 1984, 7 Fla. Supp. 2d 3)“…hall not be violated” . . . (emphasis mine) Furthermore, section 934.03, Florida Statutes, makes it unlawful for *6 any person (…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Wiretap Act and ECPA: The Complete Guide (2026), Is It Illegal to Video Record Someone Without Their Consent? (2026), Is Plaud HIPAA Compliant? Kind Of. Here's What to Know (2026)
Illinois Compiled Statutes Chapter 720, Act 5 (Criminal Code of 2012)
§ 14-2Elements of the offense; affirmative defenseIn forcecited in 63 of our articles
(a) A person commits eavesdropping when he or she knowingly and intentionally: (1) Uses an eavesdropping device, in a surreptitious manner, for the purpose of overhearing, transmitting, or recording all or any part of any private conversation to which he or she is not a party unless he or she does so with the consent of all of the parties to the private conversation; (2) Uses an eavesdropping device, in a surreptitious manner, for the purpose of transmitting or recording all or any part of any private conversation to which he or she is a party unless he or she does so with the consent of all other parties to the private conversation; (3) Intercepts, records, or transcribes, in a surreptitious manner, any private electronic communication to which he or she is not a party unless he or she does so with the consent of all parties to the private electronic communication; (4) Manufactures, assembles, distributes, or possesses any electronic, mechanical, eavesdropping, or other device knowing that or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious overhearing, transmitting, or recording of private conversations or the…
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at ilga.gov
Cited in 92 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Melongo (Illinois Supreme Court 2014, 2014 IL 114852)“…ations of section 14-2 of the Criminal Code of 1961 (720 ILCS 5/14-2 (West 2008)), which defines the offense…”
- People v. Smith (Appellate Court of Illinois 2025, 2025 IL App (1st) 220116)“…ropping violated section 14-2 of the Criminal Code of 2012 (720 ILCS 5/14-2 (West 2014)) and that then State’s Att…”
- Cook Au Vin, LLC v. Mid-Century Insurance Co. (Appellate Court of Illinois 2023, 226 N.E.3d 694)“…onversation by one who is not a party to the conversation. 720 ILCS 5/14-2(a)(1) (West 2020). In enacting the stat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Illinois Recording Laws (2026): All-Party Consent Rules, Illinois Audio Recording Laws: All-Party Consent Rules and Penalties (2026), Illinois Dashcam Laws: Audio Rules, Placement, and Legal Use (2026)
Montana Code Annotated, Title 45
§ 45-8-213Privacy In CommunicationsIn forcecited in 51 of our articles
45-8-213. Privacy in communications. (1) Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person knowingly or purposely: (a) with the purpose to terrify, intimidate, threaten, harass, or injure, communicates with a person by electronic communication and threatens to inflict injury or physical harm to the person or property of the person or makes repeated use of obscene, lewd, or profane language or repeated lewd or lascivious suggestions; (b) uses an electronic communication to attempt to extort money or any other thing of value from a person or to disturb by repeated communications the peace, quiet, or right of privacy of a person at the place where the communications are received; (c) records or causes to be recorded a conversation by use of a hidden electronic or mechanical device that reproduces a human conversation without the knowledge of all parties to the conversation; (d) with the purpose to terrify, intimidate, threaten, harass, or injure or to obtain money or other valuable consideration, publishes, distributes, or discloses real or digitally fabricated printed or electronic photographs, pictures, images, or…
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 23 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):State v. Dugan (2013) struck the statute's prima facie intent clause as overbroad. State v. Brown (1988) noted the statute still bars recording without all participants' permission and rejected an overbreadth attack on its public-official exception. State v. DuBray (2003) found no violation where the defendant knew of the recording.
Opinions citing this section in our collection:
- State v. Smith (Montana Supreme Court 2004, 322 Mont. 206)✓A man who phoned threats to kill his estranged wife's boyfriend argued he should have been charged under section 45-8-213(1)(a) instead of assault with a weapon. The court held the two statutes punish different conduct, so the charge was within prosecutorial discretion.
- State v. Dugan (Montana Supreme Court 2013, 369 Mont. 39)“…rbroad, the Court today strikes the prima facie language in § 45-8-213, MCA. However, a narrow application would be…”
- In re C.S. (Montana Supreme Court 1984, 210 Mont. 144)“…n of privacy in communication, a misdemeanor as provided in Section 45-8-213, MCA. The facts underlying the offense were…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Massachusetts Phone Call Recording Laws, Montana Recording Laws (2026): Announcement Exception and Penalties, Montana Audio Recording Laws: All-Party Consent Rules and Penalties (2026)
Pennsylvania Consolidated Statutes Title 18 (Crimes and Offenses)
§ 5703Interception, disclosure or use of wire, electronic or oral communicationsIn forcecited in 59 of our articles
Except as otherwise provided in this chapter, a person is guilty of a felony of the third degree if he: (1) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication; (2) intentionally discloses or endeavors to disclose to any other person the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication; or (3) intentionally uses or endeavors to use the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of a wire, electronic or oral communication.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at palegis.us
Cited in 121 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Commonwealth v. Brachbill (1989) held Section 5703(1) is not limited to interceptions made with an intercepting device, so an officer who listened on a telephone extension without the prior approval Section 5704(2)(ii) requires violated the section, and the testimony had to be suppressed.
Opinions citing this section in our collection:
- Commonwealth v. Schaeffer (Supreme Court of Pennsylvania 1987, 370 Pa. Super. 179)“…and other electronic interceptions of communications, see 18 Pa.C.S. § 5703, carved out limited exceptions to these…”
- Commonwealth v. Bennett (Superior Court of Pennsylvania 1976, 245 Pa. Super. 457)“…ode, Act of Dec. 6, 1972, P.L. 1482, No. 334, § 1 et seq. 18 Pa.C.S. § 5703, as amended Dec. 27, 1974, P.L. 1007, N…”
- Commonwealth v. Brachbill (Supreme Court of Pennsylvania 1989, 520 Pa. 533)✓A state trooper listened on an extension phone to a call between a former inmate and a guard charged with abusing him; the court held section 5703 bars any willful interception, not only one using an intercepting device, so the trooper's testimony should have been suppressed.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon Phone Call Recording Laws: Split Consent Rules and Penalties, Pennsylvania Recording Laws (2026): All-Party Consent Rules, Pennsylvania Audio Recording Laws: All-Party Consent Rules and Felony Penalties (2026)
United States Code Title 18
§ 2511Interception and disclosure of wire, oral, or electronic communications prohibitedIn forcecited in 441 of our articles
Except as otherwise specifically provided in this chapter any person who— intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or such device transmits communications by radio, or interferes with the transmission of such communication; or such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign…
Official text (excerpt) · last checked 2026-09-17 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,045 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Griggs-Ryan v. Smith (1990) applied the Section 2511(2)(d) prior-consent exception, treating a tenant repeatedly told that all incoming calls were taped as having impliedly consented. United States v. United States District Court (1972) read the then-current Section 2511(3) as conferring no presidential surveillance power.
Opinions citing this section in our collection:
- Mitchell v. Forsyth (Supreme Court of the United States 1985, 472 U.S. 511)✓The Attorney General authorized a warrantless 1970 national security wiretap that caught the plaintiff's calls; the Court held the since-repealed Section 2511(3) disclaimer left the tap lawful under Title III, and that Mitchell had qualified immunity.
- United States v. United States District Court for the Eastern District of Michigan (Supreme Court of the United States 1972, 407 U.S. 297)✓The Attorney General approved warrantless wiretaps on members of a domestic group accused of bombing a CIA office; the Court read Section 2511(3) as a congressional disclaimer conferring no surveillance power, then held the Fourth Amendment required prior judicial approval.
- Forsyth v. Barr (Court of Appeals for the Fifth Circuit 1994, 19 F.3d 1527)✓Dallas police used, in an internal affairs probe of an officer, calls private parties allegedly intercepted illegally; assuming that was unlawful, the Fifth Circuit held Section 2517(1) and (2) allowed the disclosure and use, defeating the Section 2511(1)(c) and (d) claims.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can I Record My Boss Harassing Me? State-by-State Legal Guide (2026), How to Detect and Block Listening Devices in Your Home (2026), How to Record a Phone Call on Android or iOS Without an App (2026)
§ 2520Recovery of civil damages authorizedIn forcecited in 130 of our articles
Except as provided in section 2511(2)(a)(ii), any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person or entity, other than the United States, which engaged in that violation such relief as may be appropriate. In an action under this section, appropriate relief includes— such preliminary and other equitable or declaratory relief as may be appropriate; damages under subsection (c) and punitive damages in appropriate cases; and a reasonable attorney’s fee and other litigation costs reasonably incurred.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 860 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Walker v. Darby (1990) held a 2520 plaintiff need not prove the contents of intercepted conversations, only interception and a justified expectation against it. Bartnicki v. Vopper (2001) barred 2520 damages against defendants who took no part in the interception, obtained the tape lawfully, and disclosed a matter of public concern.
Opinions citing this section in our collection:
- Jessie Walker v. Thomas E. Darby, Hugh L. Robinson, Jr., and Kenneth Day (Court of Appeals for the Eleventh Circuit 1990, 911 F.2d 1573)✓A postal letter carrier said three supervisors wired an intercom near his workstation to listen in. Reversing summary judgment, the Eleventh Circuit held a section 2520 plaintiff can show interception without proving the contents of specific conversations.
- Gelbard v. United States (Supreme Court of the United States 1972, 408 U.S. 41)“…disclosure, or use is entitled to recover civil damages, 18 U. S. C. § 2520 . Title III also bars the use as eviden…”
- DirecTV, Inc. v. Hoa Huynh (Court of Appeals for the Ninth Circuit 2007, 503 F.3d 847)“…7 U.S.C. § 605 (e)(4), or alternatively, for violations of 18 U.S.C. § 2520 (a), or alternatively, for violations o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Otter.ai Faces Consolidated Wiretap Class Action Over Its AI Meeting Notetaker and All-Party Consent, Otter.ai Lawsuit: Judge Lets Core Privacy Claims Proceed (2026), Supreme Court Tosses Conviction Over a Secretly Recorded FaceTime Call (2026)
Sources and References
- AS 42.20.310 - Eavesdropping Statute(akleg.gov).gov
- AS 42.20.330 - Penalty for Eavesdropping Violations(akleg.gov).gov
- Senate Bill 85 - 34th Alaska Legislature(akleg.gov).gov
- FCC - Recording Telephone Conversations(fcc.gov).gov
- 18 U.S.C. Section 2511 - Federal Wiretap Act(uscode.house.gov).gov
- 18 U.S.C. Section 2520 - Federal Wiretap Act Civil Remedies(uscode.house.gov).gov
- Palmer v. State, 604 P.2d 1106, 1108 n.5 (Alaska 1979) (construing AS 42.20.310)(akleg.gov).gov