New Jersey

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N.J. Stat. § 2A:156A-3: Interception of any wire, electronic or oral communication, or disclosure of the contents of such communication by someone having reason to know of the interception, is a crime. The disclosure of intercepted information is not a crime, however, if the contents of the communication have "become public knowledge or public information."

In addition, an interception is legal if the interceptor is a party to the communication, or one of the parties has given prior consent, so long as no criminal or tortious intent is present. Nonetheless, even if a person is a subscriber to a particular telephone, that person cannot consent to the recording of conversations on that telephone to which he is not a party. N.J. Stat. § 2A:156A-4.

Civil liability for unlawful interception or disclosure can be imposed for the greater of actual damages, $100 per day of violation or $1,000, and can include punitive damages, attorney fees and litigation costs. N.J. Stat. § 2A:156A-24.

Published Winter 2003. © The Reporters Committee for Freedom of the Press, 1815 N. Fort Myer Drive, Suite 900, Arlington, VA 22209. (703) 807-2100