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    Wired: Court OKs Covert iPhone Audio Recording

    Wired reports on Caro v. Weintraub, a case (pdf) in the Second Circuit Court of Appeals concerning a secret audio recording made via an application on an Apple iPhone.

    Using an iPhone to secretly record a conversation is not a violation of the Wiretap Act if done for legitimate purposes, a federal appeals court has ruled. […]

    Friday’s decision by the 2nd U.S. Circuit Court of Appeals, which involves a civil lawsuit over a secret audio recording produced from the 99-cent Recorder app, mirrors decisions in at least three other federal appeals courts.

    The lawsuit concerns a family dispute over the making of a dying mother’s will. Days before the Connecticut woman died, her son secretly recorded a kitchen conversation between the son, mother, stepfather and others over how to handle her estate after her death. […]

    The appeals court ruled that, even if the son consented to his own taping, he could be sued for money damages for a breach of the Wiretap Act if and only if he did so with a nefarious intent.

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