Comments on: the freedom to tape? https://archives.lessig.org/?p=2253 2002-2015 Thu, 26 Jun 2003 01:38:35 +0000 hourly 1 https://wordpress.org/?v=5.7.2 By: BS https://archives.lessig.org/?p=2253#comment-1694 Thu, 26 Jun 2003 01:38:35 +0000 http://lessig.org/blog/2003/06/the_freedom_to_tape.html#comment-1694 I figured it was a legal requirment they needed to meet in order to record the conversation.

Now, if they happen to need (or want) the conversation out of their ‘training archives’, then they just happen to have it. And, are legally covered for taping it.

I’ve requested a number of times to not have my conversation taped, but was told it was ‘procedure’. This ploy, as far as I can tell, means management doesn’t want the customer service rep, or you the customer, to have authority to turn it off. I never really pushed the issue, but may have to in the near future.

Telling them that you will be recording the conversation as well is an interesting spin that I missed, or never gave too much thought, but I may have to try that as well.

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By: Mark https://archives.lessig.org/?p=2253#comment-1693 Wed, 25 Jun 2003 14:12:32 +0000 http://lessig.org/blog/2003/06/the_freedom_to_tape.html#comment-1693 I generally say “Likewise” right after those recordings. It lets them know what I’m up to, fulfilling the disclosure part. I tell the recorded voice all sorts of things already (“Please type in the last four digits of your SSN,” “Please type in your account number now”) so one more thing isn’t that much of a stretch.

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By: Rich https://archives.lessig.org/?p=2253#comment-1692 Tue, 24 Jun 2003 18:10:42 +0000 http://lessig.org/blog/2003/06/the_freedom_to_tape.html#comment-1692 Isn’t there a difference between “monitoring” and “recording”? (This distinction could go either way — eg if Big Corp. just tells me they are monitoring our call, do they have permission to record it?)

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By: Ben Finney https://archives.lessig.org/?p=2253#comment-1691 Tue, 24 Jun 2003 02:26:14 +0000 http://lessig.org/blog/2003/06/the_freedom_to_tape.html#comment-1691 Most services I call that give this announcement (in Australia) phrase it as: “Your call may be monitored for quality and coaching purposes. [If you don’t want this], inform your operator when your call is answered.”

While this tries to qualify with “quality and coaching purposes”, I think that *me* recording the call to guarantee *their* quality is perfectly within this phrasing.

Heck, you might even be able to convince a judge that this phrasing *gives the explicit suggestion* to record the call “for quality purposes”.

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By: Walter https://archives.lessig.org/?p=2253#comment-1690 Sat, 21 Jun 2003 04:26:48 +0000 http://lessig.org/blog/2003/06/the_freedom_to_tape.html#comment-1690 “[M]ay be monitored” just means there is a chance your call might be monitored. Has nothing to do with asserting permission. Along the lines of what Matthew said, but I’m trying to make it more explicit.

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By: Lynne https://archives.lessig.org/?p=2253#comment-1689 Fri, 20 Jun 2003 13:00:13 +0000 http://lessig.org/blog/2003/06/the_freedom_to_tape.html#comment-1689 It has been my understanding that, so long as one party is aware of the taping, it is legal. The taping agency is obviously aware. You cannot physically notify a tape machine at the express moment you want to tape. It seems to me there is an implied reciprocal agreement, anyhow I think you would be on solid ground if you did your own taping.

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By: James https://archives.lessig.org/?p=2253#comment-1688 Thu, 19 Jun 2003 15:39:20 +0000 http://lessig.org/blog/2003/06/the_freedom_to_tape.html#comment-1688 They’re saying “may be monitored” — which includes the customer as well. If they meant “may be monitored by us,” they would say “may be monitored by us.”

That’s pretty clear.

However, I know someone who works for a major computer manufacturer as a CR agent. In their training, CR agents are told that if a customer says, “I am recording this call,” the agent must say, “I do not give you permission to record this call.”

It’s quite clear why they don’t want these things recorded — they don’t want customers to have proof of things that were said or promised in the phone call, to use in court.

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By: Matthew https://archives.lessig.org/?p=2253#comment-1687 Thu, 19 Jun 2003 14:58:46 +0000 http://lessig.org/blog/2003/06/the_freedom_to_tape.html#comment-1687 “Distraction” by Bruce Sterling covers this idea quite nicely.

I work for a company that manufactures those recording systems. I think in most cases, “may be monitored” is legalese for “is being recorded, and we can decide to listen to it at our discretion.” Also be aware that the systems are designed to archive those recordings to NAS or DVDram drives, so your conversation can be saved nearly indefinitely.

As for giving you the right to record back, as long as you have a disclaimer as well, you’re okay. (IANAL) Be aware, also, that some states require no disclaimer, as long as there is an audible tone indicator. (If you hear a beep every 30 sec or 1 min, you are probably being recorded)

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By: Zach https://archives.lessig.org/?p=2253#comment-1686 Thu, 19 Jun 2003 14:22:17 +0000 http://lessig.org/blog/2003/06/the_freedom_to_tape.html#comment-1686 “may be monitored” sounds like they are giving you permission to me.

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By: Liudvikas Bukys https://archives.lessig.org/?p=2253#comment-1685 Thu, 19 Jun 2003 13:23:37 +0000 http://lessig.org/blog/2003/06/the_freedom_to_tape.html#comment-1685 Great article.
See the closely related topics discussed in Ed Felten’s recent article on Memex, DARPA’s LifeLog, journalists, bloggers, and expectations of privacy.

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