Actually Scott, since I am a lawyer, I'll speak to that. It's actually not illegal in any state for a private citizen to record any conversation they are involved in. Legally, ONE party must know that the recording is happening. It's generally assumed that if you are making the recording, you know it's happening.
Now, since I'm Dep. Attorney General, I can't record my conversations because I'm not a private citizen, I'm an officer of the court. I would need a warrant. Assuming Fran isn't either a Police officer, prosecuter, judge, or other law enforcement official, he can record any conversation he wants.
Most state DO however have laws regarding the means by which you can record. Generally you have to be using a device which emits a 1 second tone every 10-30 seconds (depending on state). The type of tone isn't set in stone, but it generally sounds like a call waiting tone. If you do not have that, then you are correct, you must inform the other party that you are recording, but you do not have to get permission.
Just thought I'd be helpful and clear that up. Due process doesn't protect citizens from citizens, only from the state. Just like you don't need a warrant to search another individuals property (assuming you didn't gain entry illegally) but the police would.
Edit for incorrect use of gender specific pronouns.... sorry!
PS, Linda Trip got in trouble not for recording the conversation, but because the fact that she did so under the guise of acting as an "agent of the court or police." Meaning, she recorded Monica after she was already involved in the investigation, and since it would have been illegal for the police to record their conversations without a warrant, Linda Trip recorded their conversations with the sole intent of turning over those tapes to Prosecuters in the Paula whatever-her-name-was investigation. That is illegal.
I'm still waiting on the fax they are supposed to send me. They have supposedly sent it out twice now and I have not received it. Hopefully this gets resolved soon. <img src="graemlins/hmmm.gif" border="0" alt="[Hmmm]" />
<strong>I'm still waiting on the fax they are supposed to send me. They have supposedly sent it out twice now and I have not received it. Hopefully this gets resolved soon. <img src="graemlins/hmmm.gif" border="0" alt="[Hmmm]" /> </strong><hr></blockquote>
I´m taking bets for this one:
Next time Fran calls Apple they will say "Powerbook? Send you a Powerbook? I can´t see anything about that on my screen. And you say your AppleCare number is what? No you must have read it wrong. That AppleCare belongs to Jesus Mehlendes in Argentine."
<strong>Oh, and congrats Fran... I'm very happy for you!
PS, Linda Trip got in trouble not for recording the conversation, but because the fact that she did so under the guise of acting as an "agent of the court or police." Meaning, she recorded Monica after she was already involved in the investigation, and since it would have been illegal for the police to record their conversations without a warrant, Linda Trip recorded their conversations with the sole intent of turning over those tapes to Prosecuters in the Paula whatever-her-name-was investigation. That is illegal.</strong><hr></blockquote>
Huh? Interesting.
Oh BTW as Dep. Attorney General I implore you to do something about your fellow lawyers. They are ruining the country. In my book there are two kinds of lawyers, dirt bags and lawyers that don't do anything about dirt bag lawyers.
Faxing failed so they are sending the documents by FedEx. I will get them, sign them, and fax them back. Hopefully I'll get my computer soon after that.
Ok. Just as I was expecting the FedEx truck to pull up, the FAX comes through.
I signed the documents and sent them back (and overnight mailed the originals back to Apple).
As soon as that was done, FedEx drove up with the documents.
So that was this morning and I sent an email off saying I'd like confirmation that they received the fax as well as an estimated ship date. So far, I've heard nothing back.
I'm in the process of deciding what kind of Mac to buy (I've been Mac-less since Jan 2002) and I really want the new PB 12". Everyone says to get Applecare, and I do want to, but Florida residents can't get it due to state laws.
That sucks because after 90 days, I can even call without getting charged. Hopefully, I won't have the problems Fran did.
Comments
Be happy you don't have to deal with apple's european support
Now, since I'm Dep. Attorney General, I can't record my conversations because I'm not a private citizen, I'm an officer of the court. I would need a warrant. Assuming Fran isn't either a Police officer, prosecuter, judge, or other law enforcement official, he can record any conversation he wants.
Most state DO however have laws regarding the means by which you can record. Generally you have to be using a device which emits a 1 second tone every 10-30 seconds (depending on state). The type of tone isn't set in stone, but it generally sounds like a call waiting tone. If you do not have that, then you are correct, you must inform the other party that you are recording, but you do not have to get permission.
Just thought I'd be helpful and clear that up. Due process doesn't protect citizens from citizens, only from the state. Just like you don't need a warrant to search another individuals property (assuming you didn't gain entry illegally) but the police would.
Edit for incorrect use of gender specific pronouns.... sorry!
[ 01-28-2003: Message edited by: OBJRA10 ]
[ 01-28-2003: Message edited by: OBJRA10 ]</p>
PS, Linda Trip got in trouble not for recording the conversation, but because the fact that she did so under the guise of acting as an "agent of the court or police." Meaning, she recorded Monica after she was already involved in the investigation, and since it would have been illegal for the police to record their conversations without a warrant, Linda Trip recorded their conversations with the sole intent of turning over those tapes to Prosecuters in the Paula whatever-her-name-was investigation. That is illegal.
<strong>I'm still waiting on the fax they are supposed to send me. They have supposedly sent it out twice now and I have not received it. Hopefully this gets resolved soon. <img src="graemlins/hmmm.gif" border="0" alt="[Hmmm]" /> </strong><hr></blockquote>
I´m taking bets for this one:
Next time Fran calls Apple they will say "Powerbook? Send you a Powerbook? I can´t see anything about that on my screen. And you say your AppleCare number is what? No you must have read it wrong. That AppleCare belongs to Jesus Mehlendes in Argentine."
apple really sucked with your case!
apple service can be great and flexible...
and can be terrible and hardheaded
depends on who your talking to.
fran picked all of the lowlife's at apple (or they picked him).
i work at a large apple reseller and service company in switzerland.
if a mac is DOA (dead on arrival = out of the box damaged) i call apple to get the mac picked up and aprove the doa-status.
normaly a 2 minute call.
but sometimes....
you get a person, who knows **** about a mac and does evrything a little to "by the manual".
"please try this", "have you tried that?" and-so-on...
well...
good luck fran!
[ 01-28-2003: Message edited by: peve ]</p>
<strong>Oh, and congrats Fran... I'm very happy for you!
PS, Linda Trip got in trouble not for recording the conversation, but because the fact that she did so under the guise of acting as an "agent of the court or police." Meaning, she recorded Monica after she was already involved in the investigation, and since it would have been illegal for the police to record their conversations without a warrant, Linda Trip recorded their conversations with the sole intent of turning over those tapes to Prosecuters in the Paula whatever-her-name-was investigation. That is illegal.</strong><hr></blockquote>
Huh? Interesting.
Oh BTW as Dep. Attorney General I implore you to do something about your fellow lawyers. They are ruining the country. In my book there are two kinds of lawyers, dirt bags and lawyers that don't do anything about dirt bag lawyers.
<strong>
apple service can be great and flexible...
and can be terrible and hardheaded
</strong><hr></blockquote>
I once had a conversation with the last type:
Me: Hi. I have a problem with my PowerBook There is a horisontal stripe of all green pixels.
Her: Okay. Did you install anything that could cause this.
Me: No. It already starts when I turn on the computer. Before I see the Happy Mac.
Her: Okay try do a clean install of the OS.
***Silence***
Me: [said in the nicest voice possible]I really don´t think that will help
***Silence while she thinks instead of using her manual***
Her: You´ll have the box in two days
Thursday: FedEx delivers papers, I sign them and fax them back in.
Thursday or Friday: Apple processes paperwork for new 1 GHz TiBook (same as placing a new order on Apple Store).
Friday: Apple ships TiBook.
Monday: I receive TiBook, transfer data, format HD
Tuesday: Send PowerBook G3 back to Apple.
We'll see what happens.
I signed the documents and sent them back (and overnight mailed the originals back to Apple).
As soon as that was done, FedEx drove up with the documents.
So that was this morning and I sent an email off saying I'd like confirmation that they received the fax as well as an estimated ship date. So far, I've heard nothing back.
<strong>
Monday: I receive TiBook, transfer data, format HD
We'll see what happens.</strong><hr></blockquote>
What'll happen is you'll lose all your data if you do it in that order!!
That sucks because after 90 days, I can even call without getting charged. Hopefully, I won't have the problems Fran did.
(Congrats, BTW)
[ 01-30-2003: Message edited by: Agent69 ]</p>