Legal Question : "Wiretap" laws in LOS; recording phone conversations

[rexall]

Tue 12 Jul, 10:02 am

Hi ForumMates,

I wonder if it is possible to get a definitive answer to my question regarding "wiretap" laws in Thailand. Specifically, me clandestinely recording a skype audio conversation with someone in the U.S. The call would unfortunately be with a person who lives in what is referred to as a "two-party consent" state, meaning that both parties to a phone conversation must consent to it being recorded before it is legal.

I am wondering if Thailand has similar laws, and if it does not, I wonder what the legal situation is with a call between Thailand and the U.S., and if I am exposing myself to any legal or civil liability.

Any info appreciated or pointing to where I can get a reliable answer.

Thanks, lah!

[Pdavies99]

Definitely asking for trouble in my opinion. Personally I would report you if I found out you had ever recorded a conversation without my permission, especially if you were going to pass this information to a 3rd party.

Your risk!

[hawker9000]

I doubt anyone on the Thai side would care. But possibly an issue stateside if the other party finds out and wants to escalate the matter (and you ever want to set foot there again) or if you have some sort of evidentiary plans for the recording. If you're planning some sort of embarrassment on the other party with it, I think you're on thin ice...

[bark]

We would love to hear why you want to do it ? I'm sure it is very interesting ?

[ThaidDown]

Have a look at the Computer Crime Act 2007.

As a taster section 8 might be applicable.....

Section 8

Any person who illegally commits any act by electronic means to eavesdrop a third party's computer data in process of being sent in a computer system and not intended for the public interest or general people's use shall be subject to imprisonment for no longer than three years or a fine of not more than sixty thousand baht or both.

[rexall]

Definitely asking for trouble in my opinion. Personally I would report you if I found out you had ever recorded a conversation without my permission, especially if you were going to pass this information to a 3rd party.

Your risk!

Thanks for your feedback Pdavies. Well, of course the issue is moot if you don't share the recording with a third party. However, you say you would report me. Report me to whom? If it is not against the law in Thailand--which is what my question was about--then there is no one to report me to.

[rexall]

I doubt anyone on the Thai side would care. But possibly an issue stateside if the other party finds out and wants to escalate the matter (and you ever want to set foot there again) or if you have some sort of evidentiary plans for the recording. If you're planning some sort of embarrassment on the other party with it, I think you're on thin ice...

Thanks, hawker. I can't get into details, but you inferred what I was getting at. It would be evidence to use one way or an other against an abusive employer. I am pretty clear about the legal ramification of this in the U.S. If you are in a state with with "two-party-consent" or if it is between two states with such, then you are toast. If you are calling within a one-party-consent state or between two one-party-consent states, then it is legal, although how you use the recording might not be. If you are calling from a one-party-consent to a two-party-consent, then the situation is less clear.

It is annoying as an abusive individual is allowed to as abusive as they care to be without fear of reprisal. And without evidence, it is nothing but he said-she said. Sigh!

[rexall]

Have a look at the Computer Crime Act 2007.

As a taster section 8 might be applicable.....

Section 8

Any person who illegally commits any act by electronic means to eavesdrop a third party's computer data in process of being sent in a computer system and not intended for the public interest or general people's use shall be subject to imprisonment for no longer than three years or a fine of not more than sixty thousand baht or both.

Thanks TaidDown. Noted. I would want to take this into consideration and get a legal opinion. However, it sounds like it applies to one person secretly tapping into a conversation happening between to other people, like the cops listening in on the telcon of suspected criminals.

[tails]

Mate under those circumstances I'd say it's worth a couple of thousand baht for legal advice. I hope they get what's coming to them, workplace troublemakers are the worst!

[hawker9000]

I doubt anyone on the Thai side would care. But possibly an issue stateside if the other party finds out and wants to escalate the matter (and you ever want to set foot there again) or if you have some sort of evidentiary plans for the recording. If you're planning some sort of embarrassment on the other party with it, I think you're on thin ice...

Thanks, hawker. I can't get into details, but you inferred what I was getting at. It would be evidence to use one way or an other against an abusive employer. I am pretty clear about the legal ramification of this in the U.S. If you are in a state with with "two-party-consent" or if it is between two states with such, then you are toast. If you are calling within a one-party-consent state or between two one-party-consent states, then it is legal, although how you use the recording might not be. If you are calling from a one-party-consent to a two-party-consent, then the situation is less clear.

It is annoying as an abusive individual is allowed to as abusive as they care to be without fear of reprisal. And without evidence, it is nothing but he said-she said. Sigh!

A nonconsensual recording doesn't sound (to me) like a viable way to reliably and without unintended consequence, turn the tables on an "abusive" employer, especially one with "resources". Just quit. Life's not long enough...(for the getting even stuff).

[rexall]

A nonconsensual recording doesn't sound (to me) like a viable way to reliably and without unintended consequence, turn the tables on an "abusive" employer, especially one with "resources". Just quit. Life's not long enough...(for the getting even stuff).

That is sound and rational advice, Hawker. And it is the way I normally operate. I wish I could get into it in more detail, but that many not be the way I choose to go this time.

BTW, for the record, this is all entirely hypothetical.

[sandgroper2]

Definitely asking for trouble in my opinion. Personally I would report you if I found out you had ever recorded a conversation without my permission, especially if you were going to pass this information to a 3rd party.

Your risk!

It is not your opinion he wants or asked for, read his post again. It it was not illegal , have you given any thought to who , or is it "to whom" you would report it to? Think before you speak.

[sandgroper2]

Have a look at the Computer Crime Act 2007.

As a taster section 8 might be applicable.....

Section 8

Any person who illegally commits any act by electronic means to eavesdrop a third party's computer data in process of being sent in a computer system and not intended for the public interest or general people's use shall be subject to imprisonment for no longer than three years or a fine of not more than sixty thousand baht or both.

Thanks TaidDown. Noted. I would want to take this into consideration and get a legal opinion. However, it sounds like it applies to one person secretly tapping into a conversation happening between to other people, like the cops listening in on the telcon of suspected criminals.

Correct, clearly states " third party",

[sandgroper2]

I doubt anyone on the Thai side would care. But possibly an issue stateside if the other party finds out and wants to escalate the matter (and you ever want to set foot there again) or if you have some sort of evidentiary plans for the recording. If you're planning some sort of embarrassment on the other party with it, I think you're on thin ice...

Thanks, hawker. I can't get into details, but you inferred what I was getting at. It would be evidence to use one way or an other against an abusive employer. I am pretty clear about the legal ramification of this in the U.S. If you are in a state with with "two-party-consent" or if it is between two states with such, then you are toast. If you are calling within a one-party-consent state or between two one-party-consent states, then it is legal, although how you use the recording might not be. If you are calling from a one-party-consent to a two-party-consent, then the situation is less clear.

It is annoying as an abusive individual is allowed to as abusive as they care to be without fear of reprisal. And without evidence, it is nothing but he said-she said. Sigh!

A nonconsensual recording doesn't sound (to me) like a viable way to reliably and without unintended consequence, turn the tables on an "abusive" employer, especially one with "resources". Just quit. Life's not long enough...(for the getting even stuff).

The op came to the wrong place to get a legal opinion.Just the usual TV expert advice.