The Second U.S. Circuit Court of Appeals has ruled that it is okay to secretly record a conversation if the recording is not used for nefarious purposes. The court's decision and ruling was in response to a probate case concerning a dying mother, her son, and the son's stepfather in which the son had recorded a family conversation regarding his mother's dying wishes.
The son's recording occurred without the consent or knowledge of any of the parties involved. As it turns out, the dispute arose because the mother did not have a will and the son had used the recording that he had made with a $0.99 iPhone app to further his case. The stepfather charged that the son had illegally recorded a private conversation, citing the Wiretap Act.
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