Legal Question in Technology Law in Tennessee
so here it goes..... I've got somebody who is making ludicrous and untrue medical claims in public. I want to prove to somebody else that they are. Acording to the law in my home state:
"A person who is a party to a wire, oral, or electronic communication, or who has obtained the consent of at least one party, can lawfully record a communication and divulge the contents of the recorded conversation unless he has a criminal or tortious purpose. Tenn. Code Ann. � 39-13-601. Violations are punishable as felonies with jail sentences of between two and 12 years and fines not to exceed $5,000. Tenn. Code Ann. �� 39-13-602, 40-35-111.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of �oral communication,� Tenn. Code Ann. � 40-6-303.
Anyone whose communications have been unlawfully intercepted can file a civil suit to recover the greater of actual damages or liquidated damages of $100 per day of violation or $10,000, whichever is greater. A plaintiff can also claim punitive damages, attorney fees, and litigation costs. The statute of limitations for such a lawsuit is two years. Tenn. Code Ann. � 39-13-603.
Recording or disseminating a communication carried out through a cellular or cordless phone, or disseminating the contents with knowledge of their illegal origin, without the consent of at least one party, can be punished as a felony with a potential prison sentence of between one and six years and a fine not to exceed $3,000. Tenn. Code Ann. �� 39-13-604, 40-35-111.
It is a misdemeanor to photograph, film, or observe a person without consent where there is a reasonable expectation of privacy; when the photographing, filming or viewing �would offend or embarrass an ordinary person,� and when the filming is done for sexual purposes. Tenn. Code Ann. �� 39-13-605, 39-13-607. Dissemination of a photograph or videotape taken in violation of these provisions is a felony. Tenn. Code Ann. �39-13-605(2)."
so if i'm reading this right as long as 1 party, me, is aware of the recording and consents to it (of course i consent to me recording me) and we are in a public place everything should be fine and dandy right? or did i read this wrong?
1 Answer from Attorneys
You either don't have standing or have failed to state your standing in such a case. It's not your awareness, but you damage which will give you standing. You also failed to consider jurisdiction. No court will hear you without standing and jurisdiction no matter what statutes you stand on.
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