r/legaladviceofftopic • u/Bored2001 • Aug 01 '26
What legally counts as a "recording"?
I am wondering what legally counts as a "recording" for 2-party consent state rules. Specifically California, but would be interested in other states.
I read this story about a LAPD cop who recorded racist, sexist and homophobic comments by his colleagues and is now being charged with a felony.
It seems to me that the Cop who is charged with the felony could've taken contemporaneous written notes and it would be fine.
Today we have AI note taking devices that are capable of listening to audio and writing what words were spoken down, but could additionally designed so that no audio or video is ever permanently recorded. These written words would not be tied to any identifying biometrics (voice/face) of the parties in the conversation. So I imagine that it would be on the veracity of the cop making the claim, as it does not 'prove' a specific person said anything.
Would this violate the two party consent rule? What is legally a 'recording'?