Why Recording People In Your Car May Be Illegal [e103]

The guys end the week talking about why the valet mode in Corvettes may be illegal in some states. I want to make a short web series that is similar to a popular TV show. How much should I be worried about copyright infringement?" Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com. My name is Nasir Pasha. MATT: And my name is Matt Staub and we do answer some of our questions as well. I heard what you're going with that intro. NASIR: Nice! So, this is our Friday episode where anything can happen, including covering business legal topics in the news and answering business legal questions, including that as well and many other things. MATT: It sounds eerily similar to every other episode we’ve but that's all right. NASIR: No, no, it's Friday, so add a little spice to it. MATT: Yeah, we’ve got a pretty cool story and I didn't know – you know this better than me because you own, what? Five Corvettes. NASIR: Actually, four – I lost my fifth one. MATT: Well, that's too bad. Well, maybe if you would have use the valet mode, then you have known where it went. But, apparently, this could be illegal, too. I wasn’t aware of this, apparently, for the latest Corvettes that has been released, they have this thing called “valet mode” which basically, you get out of your car, you can turn on this little thing, you can basically kind of track everything that happens. I think you can even record the audio of inside the car of what's said and, obviously, you can just see what's going on. Basically, they don’t want the Ferris Bueller situation where the valets take the car for a joyride. So, that's valet mode but, apparently, looks like this could be illegal because you can’t record video without the consent of both parties involved in some states. I think there's eleven states, right? Yeah, eleven states in which both parties are against this. Obviously, you're going to consent as the car owner but are the valet drivers going to consent? I don’t know, maybe they will, maybe the wont. But the problem is they need to. NASIR: And so, I'm just wondering, like, if you're in a two-party consent state like California, if you are close to the border, you know, you can just valet to another place, but then why would they do that? With the Corvette, you can get there pretty quick. MATT: How long are the valet processes you're thinking of? NASIR: I’m just trying to imagine how different Ferris Bueller’s Day Off would be in the event they had this valet device. MATT: It is pretty interesting though. I mean, I obviously understand the law that you need to have both parties to consent. But, at the same time, this is a car that you owned – or at least presumably you’re leasing – you have some sort of ownership on it. It's your private car, you should have a little bit of a right to record what's going on to see if somebody is, I mean, I guess when you walk into, what's the difference between this and a store that’s recording video of customers that are walking in and out? People are consenting to that. Maybe they are implicitly, I don’t know. NASIR: Well, yeah. For some reason, audio is treated differently. Video is one thing because you may be in public. But then, audio, if you're having a private conversation, for whatever reason, the law treats a little bit differently because there's a little bit more expectation of privacy and so when you are recording inside your store or whatever, you do have to have proper notices. But, you know, not all states are like that. I mean, like you said, it's only ten states, I believe. Texas and New York, for example, are classically one-party consent states and I understand what that means is that one party of the conversation so that means that you can’t eavesdrop or wiretap as the third party unless one of those two people or more that ...

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