Your Stories of Secretly Recording Someone

Have you ever secretly recorded a conversation without the other person knowing?

It's one of those things that sounds illegal, but in New York and New Jersey it isn't. Both states have one-party consent laws for recording audio, which means that only one present party (including the person who decides to record) is needed to consent to a recording.

WNYC's Shumita Basu was prompted to look into the legalities around secret recordings after the New York Times reported in mid-July that President Donald Trump's former personal lawyer Michael Cohen recorded conversations with Trump. There's a lot to unpack in that story, but we're going to focus on the fact that these recordings exist.

Inconceivable that the government would break into a lawyer’s office (early in the morning) - almost unheard of. Even more inconceivable that a lawyer would tape a client - totally unheard of & perhaps illegal. The good news is that your favorite President did nothing wrong!

— Donald J. Trump (@realDonaldTrump) July 21, 2018

Trump claims that it was "perhaps illegal" for Cohen to have made the recordings. In New York State, Cohen has one-party consent laws on his side, so it was in line with the law. But was unethical for Cohen as a lawyer to tape his client? Legal ethicists are divided on that one. 

WNYC asked listeners if they've ever recorded audio of someone without their knowledge, and what they did with the recording. Listen above to hear from two people, Zack and Amy, who made secret recordings for very different reasons.

Below are more accounts from listeners: (These responses have been paraphrased with permission. Anonymity has been granted upon request.)

I recorded a phone call with my mother who was suffering from Alzheimer's in an effort to build a case that someone was coaching her in an effort to take advantage of her financially. I was trying to collect evidence of elder abuse. It never reached the point where I could actually use the recordings. This was in 2013. She passed away in 2017, and I still have that recording on my phone, but I can't bear to listen to it because it was not the same person that I knew as my mother. -@cajigao

Years ago I taped 2 conversations (the tapes I still have). One was with the uncle who physically abused me from the ages of 14-18. The other conversation was with his rabbi. The tapes didn’t quell the fury and disgust I felt, but they sure made me feel a lot more powerful. But never did they soothe me, as I never exposed him. Blackmail was a thought, one I let go of. -Marjory Greenberg-Vaughn

I’m a textile designer. I found out a Canadian Designer ripped off one of my designs, when we were both exhibiting at a trade show at the Javits Center. I recorded the conversation I had with her. What was captured over a span of 18 minutes was a person caught in a lie. By the end of recording, she agrees to remove the the design from the website within 24 hours. While the designer doesn't personally admit to infringing on my copyright, the willingness to take it down underscores it's not her work. I brought legal action against her, but never used the tape. -@Monroe110

I make my living working in television production, shooting hidden camera segments for shows and commercials. I’ve secretly recorded thousands of people without their knowledge but we always get people to sign a release form before we air their segment. So they don’t know about it when it’s happening but they never walk away unaware. I live in NY but I work all over the country. There are only certain states that you are legally allowed to film hidden camera television and commercials. -@nickskolnick

I recorded a meeting with my boss, who had been sexually harassing me. Once he learned that I had that recording, I was able to use that leverage to ask for a neutral recommendation from him to get my next job. I work in a small industry and was really afraid he could ruin my career. Sometimes I feel guilty that I didn't become a whistle-blower, but ultimately I felt like this was all I could do. -BA

I taped my grandmother telling the story of how she lost her leg to cancer when she was 10 years old. I had asked her for permission but she didn't want her voice recorded, so I did it in secret. I wanted her to be herself. Now I have this super personal story to listen to and hear her voice. -@CaleeFussellRT

@shubasu I never tell anyone this because it only ever reads as creepy but I installed a call recording app on my phone years ago. Mostly to keep customer service agents honest but why shouldn't it always be on?

— brandoncoal (@brandoncoal) August 1, 2018

I haven't! They very occasionally gets used to remember bits of information I neglected to write down on a call and forgot. Times, addresses things like that. I delete it all every so often. I did record my last conversation with my grandmother so I kept that

— brandoncoal (@brandoncoal) August 1, 2018