A Practical Guide to Taping Phone Calls and In-Person Conversations in the 50 States and D.C.

• Introduction

• State-by-state guide

• Tape-recording laws
  at a glance

• Consent and its limits

• Interstate phone calls

• Possession and
  publication

• The FCC’s role

• Cellular & cordless calls

• Citations to cases

Iowa

It is a misdemeanor in Iowa under general criminal laws for a third party to tap into a communication of any kind, including telephone conversations. If the person listening or recording is a sender or recipient of the communication, or is openly present and participating in the conversation, the communication can be recorded without the consent of the other parties. Iowa Code § 727.8.

Iowa also has more specific legislation regarding the interception of communications that expressly allows the interception of wire, oral or electronic communications through use of a mechanical device by a party to the communication, or with the consent of at least one party, in the absence of any criminal or tortious intent. Iowa Code § 808B.2.

Illegal interception and disclosure of intercepted information under this legislation are felonies and anyone whose communications have been intercepted is expressly provided with injunctive relief and damages at a rate of $100 a day or $1,000, whichever is higher. Iowa Code § 808B.8.

However, individuals cannot legally record conversations while not present. In 2005, the Supreme Court of Iowa upheld a conviction of a woman who set her tape recorder on voice-activation mode so that it would record conversations automatically in her absence. State v. Philpott, 702 N.W.2d 500 (Iowa 2005).