Cellular and cordless calls

The federal wiretap law was amended in 1986 and 1994 to expand the definition of electronic communications to include cellular and cordless phone conversations. Under the statute, cellular and cordless phone conversations can be recorded with the consent of one party.

The federal law was changed to accommodate the differences between the cordless telephone system and the traditional telephone system, which transmits communications by wire or cable.

In addition to the federal law, the Federal Communications Commission implemented a rule that prohibits eavesdropping on private cordless telephone conversations. The rule states that a person who is not a party to the conversation shall not use a device to overhear or record the private conversations of others unless such use is authorized by all of the parties engaged in the conversation.

Many of the state laws also specifically apply to cellular and cordless calls, and others are broad enough — by covering all “electronic” communications — to cover these methods of communication.