New York
N.Y. Penal Law §§ 250.00, 250.05: It is a Class E felony to overhear or
record a telephonic or telegraphic communication if one is not the sender
or receiver, or does not have the consent of either the sender or
receiver. It also is a crime for someone not present to overhear or record
any conversation or discussion without the consent of at least one party
to that conversation.
Cordless telephone conversations that are partially broadcast over
ordinary radio waves are protected by the wiretapping and eavesdropping
laws and require the same consent for recording as any other
communication. New York v. Fata, 559 N.Y.S.2d 348 (N.Y. App. Div.
1990).
State courts have held that newspapers that published transcripts of an
illegally recorded telephone conversation were subject to civil liability
when "the newspapers knew they were dealing with recorded conversations
between unconsenting parties." Natoli v. Sullivan, 606 N.Y.S.2d 504
(N.Y. Sup. Ct. Oswego County 1993), aff'd, 616 N.Y.S.2d 318 (N.Y.
App. Div. 1994).
