[net.consumers] Telephone Rate Hike - Pacific Bell

john@hp-pcd.UUCP (john) (08/02/85)

<<<
<
< Unfortunately, I don't have a "phone meter" out at the side of my house.
< You have to take the word of the phone company that I've talked as much as
<  they say I have.  Which is to say, I have to trust their computer. :-)
<

  Why don't we have phone meters? Imagine a device that you plug into your
phone line and monitors your home phone. It would log every time the phone
were off hook and possibly decode the numbers that you dial. It could even
indicate when the phone rang so you could see if anyone was trying to call
while you were out. Great way to keep tabs on the phone Co.

  I have seen a device that plugs into the phone line and controls a
standard cassette tape deck. It starts the deck everytime the phone is off
hook and records the conversation. Great for practicing paranoids who want
to see what their baby sitters and employees are really up to. If this device
had a real time clock time stamp recorded on the tape then it could be used
to meter your phone.


John Eaton
!hplabs!hp-pcd!john

mayer@rochester.UUCP (Jim Mayer) (08/06/85)

In article <69600027@hp-pcd.UUCP> john@hp-pcd.UUCP (john) writes:
><<<
>< Unfortunately, I don't have a "phone meter" out at the side of my house.
>	...
>  I have seen a device that plugs into the phone line and controls a
>standard cassette tape deck. It starts the deck everytime the phone is off
>hook and records the conversation. Great for practicing paranoids who want
>to see what their baby sitters and employees are really up to. If this device
>	...
If I remember correctly, such a device is also quite illegal.  I
believe that any device that records phone conversations is supposed to
emit a periodic "beep" to let people know they are being recorded.  I'm
not sure if this is just true of most states, or if it is true
everywhere except the District of Columbia :-)... (or maybe) :-(.

-- Jim Mayer					University of Rochester
(arpa) mayer@Rochester.ARPA			Department of Computer Science
(uucp) rochester!mayer				Ray P. Hylan Building
       (via allegra, decvax, or seismo)		Rochester, New York 14627

ron@brl-tgr.ARPA (Ron Natalie <ron>) (08/06/85)

> <<<
> <
> < Unfortunately, I don't have a "phone meter" out at the side of my house.
> < You have to take the word of the phone company that I've talked as much as
> <  they say I have.  Which is to say, I have to trust their computer. :-)
> <
> 
>   Why don't we have phone meters? Imagine a device that you plug into your
> phone line and monitors your home phone. It would log every time the phone
> were off hook and possibly decode the numbers that you dial. It could even
> indicate when the phone rang so you could see if anyone was trying to call
> while you were out. Great way to keep tabs on the phone Co.
> 
Ask someone in Germany about phone meters.  They can tell you why.

-Ron

ron@brl-tgr.ARPA (Ron Natalie <ron>) (08/06/85)

> If I remember correctly, such a device is also quite illegal.  I
> believe that any device that records phone conversations is supposed to
> emit a periodic "beep" to let people know they are being recorded.  I'm
> not sure if this is just true of most states, or if it is true
> everywhere except the District of Columbia :-)... (or maybe) :-(.

Not true.  It is illegal to tape a call with out knowledge of the parties.
In some cases, it doesn't need to be both parties.  The beep is not required,
but is a standard way of indicating to both sides that the conversation
is being recorded.  My insurance company records every incoming call
(they tell you this) without a beep, and most radio stations to not beep
over telephone interviews.  The standard policy is to ask if you can
record the conversation, then turn on the recorder, and then ask again
so you have a recorded copy of the acknowledgement.

-Ron

dsn@tove.UUCP (Dana S. Nau) (08/07/85)

In article <10892@rochester.UUCP> mayer@rochester.UUCP (Jim Mayer) writes:
>In article <69600027@hp-pcd.UUCP> john@hp-pcd.UUCP (john) writes:
>><<<
>>< Unfortunately, I don't have a "phone meter" out at the side of my house.
>>	...
>>  I have seen a device that plugs into the phone line and controls a
>>standard cassette tape deck. ...
>>	...
>If I remember correctly, such a device is also quite illegal.  I
>believe that any device that records phone conversations is supposed to
>emit a periodic "beep" to let people know they are being recorded. ...

I read somewhere that it's legal to record from phone lines without a beep
as long as the recording device is coupled to the line acoustically rather than
electronically.  In fact, I suspect that that's how telephone answering
machines manage to record messages legally without beeping periodically.
Can anyone confirm this?
-- 

Dana S. Nau,  Computer Science Dept.,  U. of Maryland,  College Park, MD 20742
ARPA:  dsn@maryland				CSNet:  dsn@umcp-cs
UUCP:  {seismo,allegra,brl-bmd}!umcp-cs!dsn	Phone:  (301) 454-7932

hollombe@ttidcc.UUCP (The Polymath) (08/07/85)

In article <308@tove.UUCP> dsn@tove.UUCP (Dana S. Nau) writes:
>I read somewhere that it's legal to record from phone lines without a beep
>as long as the recording device is coupled to the line acoustically rather than
>electronically.  In fact, I suspect that that's how telephone answering
>machines manage to record messages legally without beeping periodically.
>Can anyone confirm this?

My understanding, based on a data  communications  course  and  several  TV
documentaries,  is that regulations vary from state to state.  In virtually
all states at least one person involved in the conversation (as opposed  to
just  tapping the line and listening) must know of the recording device for
legality.  Some states require all persons involved in the conversation  to
know.  I'm not sure who requires the 15 second interval beep.

The question about acoustic vs. electrical connection comes from a landmark
court case some years ago known as the Carterphone Decision.  This involved
a telephone answering  machine  that  was  acoustically  connected  to  the
telephone.  Basically,  this  was the first non-AT&T manufactured equipment
that could be legally connected  to  the  telephone  network  and  was  the
entering  wedge for 3rd-party telephone equipment suppliers.  They got away
with it by not being electrically connected to the network, thus posing  no
shock   hazard   to  AT&T  maintenance  workers  (AT&T's  main  excuse  for
prohibiting 3rd party suppliers).  Later AT&T  had  to  publish  electrical
standards for connection for use by third-party suppliers.

I think most modern answering machines are electrically  connected  to  the
telephone network (mine certainly are).

-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_
The Polymath (aka: Jerry Hollombe)
Citicorp TTI                      Common Sense is what tells you that a ten
3100 Ocean Park Blvd.             pound weight falls ten times as fast as a
Santa Monica, CA  90405           one pound weight.
(213) 450-9111, ext. 2483
{philabs,randvax,trwrb,vortex}!ttidca!ttidcc!hollombe

gordon@cae780.UUCP (Brian Gordon) (08/07/85)

In article <308@tove.UUCP> dsn@tove.UUCP (Dana S. Nau) writes:
>
>I read somewhere that it's legal to record from phone lines without a beep
>as long as the recording device is coupled to the line acoustically rather than
>electronically.  In fact, I suspect that that's how telephone answering
>machines manage to record messages legally without beeping periodically.
>Can anyone confirm this?

Sixty Minutes covered something on that topic a couple of months ago.  Although
it is a state (vs. Federal) issue, it is never legal to record if neither party
is aware of it, but in some states it is legal if at least one party is aware
that the conversation is being recorded.  There was no mention of acoustic vs.
physical tapping being significant.

FROM:   Brian G. Gordon, CAE Systems Division of Tektronix, Inc.
UUCP:   {ihnp4, decvax!decwrl}!amd!cae780!gordon 
        {nsc, resonex, qubix, hplabs, leadsv, teklds}!cae780!gordon 
USNAIL: 1333 Bordeaux Drive, Sunnyvale, CA  94089 [until we move ... soon]
AT&T:   (408)745-1440

 Down 44 1/4 pounds, and counting ...

chris@que.UUCP (Chris DeVoney) (08/08/85)

> >  I have seen a device that plugs into the phone line and controls a
...
> If I remember correctly, such a device is also quite illegal.  I
> believe that any device that records phone conversations is supposed to
> emit a periodic "beep" to let people know they are being recorded.
...
Being a former newsperson for a couple of radio stations, I believe it
is permissable to record a phone conversation if one party has given its
consent, meaning you can record you own conversations. Recording other
people's phone conversations, your phone or not, is wiretapping and is 
illegal. ABC's 20-20 program about three weeks ago covered this topic.

You do not need to "beep" the conversation every 15 or 30 seconds any more.
This rule was removed about 10 years ago. In the news department, it was
the practice to ask permission to record the conversation first. That is
a courtesy extended to interviewed people. Your own code of ethics apply to
recording your own conversations.
 
-- 
Chris DeVoney				voice: 317/842-7162
Que Corporation				uucp:  ihnp4!inuxc!que!chris
Indianapolis, IN 

#include <trademarks.all && disclaimer.all> /* you know what these are for */

joel@peora.UUCP (Joel Upchurch) (08/08/85)

>I read somewhere that it's legal to record from phone lines without  a
>beep  as  long  as  the  recording  device  is  coupled  to  the  line
>acoustically rather than  electronically.  In  fact,  I  suspect  that
>that's  how  telephone  answering  machines  manage to record messages
>legally without beeping periodically.  Can anyone confirm this?

        As I recall you can record a phone call as long as  one  party
        to  a call consents to it, otherwise it is a phone tap and you
        better have a court order.  That means  that  you  can  record
        your  own  phone calls, but if you record your spouses or your
        employees phone calls, without their knowledge you can get  in
        big  trouble.  I  think 60 minutes did a segment on it a month
        or so ago.  I don't think it makes a legal difference how  the
        recording  device  is  coupled.  Maybe you are thinking of the
        old phone company rules about attaching  'foreign'  equiptment
        to the telephone line.

smb@ulysses.UUCP (Steven Bellovin) (08/08/85)

> > If I remember correctly, such a device is also quite illegal.  I
> > believe that any device that records phone conversations is supposed to
> > emit a periodic "beep" to let people know they are being recorded.  I'm
> > not sure if this is just true of most states, or if it is true
> > everywhere except the District of Columbia :-)... (or maybe) :-(.
> 
> Not true.  It is illegal to tape a call with out knowledge of the parties.
> In some cases, it doesn't need to be both parties.  The beep is not required,
> but is a standard way of indicating to both sides that the conversation
> is being recorded.  My insurance company records every incoming call
> (they tell you this) without a beep, and most radio stations to not beep
> over telephone interviews.  The standard policy is to ask if you can
> record the conversation, then turn on the recorder, and then ask again
> so you have a recorded copy of the acknowledgement.
> 
> -Ron

This very much depends on local state laws and phone company tarriffs.
In some states -- Florida, for one -- no calls may be taped without the
consent of all parties.  In other states, only one party need consent.
And the phone company may have its own rules.

bhayes@Glacier.ARPA (Barry Hayes) (08/09/85)

How many of you have 'phone books?  Well, if you were to get it out and
look, you'd find something similar to this...

Recorded calls require a beep tone
When you hear a "beep" tone at about 15-second intervals during a phone
conversation, it indicates that the conversation is being recorded.  If
you hear the "beep" tone and do not want a record made of what you are
saying, ask the person to whom you are talking to disconnect the machine.
When the recorder is disconnected, the signal is no longer heard.  With
limited exceptions, use of a recorder without a "beep" tone warning device
is contrary to Pacific Bell's tariffs and is not permitted.

Unlawful wiretapping is subject to prosecution
It is a crime under Federal Law for any person, including a telephone
subscriber, to wiretap or otherwise intercept a telephone call, unless
that person has first obtained the consent of one of the parties actually
participating in the call.  Under California State Law the consent of
all the parties participating in the call must be obtained before any
person may record a telephone conversation or before a person who is not
a party to a call may eavesdrop on or wiretap the call.  Properly
authorized law enforcement officers can engage in interceptions without
the consent of either party when proceeding under court orders issued
pursuant to applicable provisions of Federal Law or California State Law.

Does that clear it up?  If any of you have any more questions, perhaps you
can take the trouble to check the 'phone book in your area.

  -Barry Hayes
    bhayes@su-Glacier.arpa

che@ptsfb.UUCP (Mitch Che) (08/09/85)

In article <474@brl-tgr.ARPA> ron@brl-tgr.ARPA (Ron Natalie <ron>) writes:
>> If I remember correctly, such a device is also quite illegal.  I
>> believe that any device that records phone conversations is supposed to
>> emit a periodic "beep" to let people know they are being recorded....
>
>Not true.  It is illegal to tape a call with out knowledge of the parties.
>In some cases, it doesn't need to be both parties.  The beep is not required,
>but is a standard way of indicating to both sides that the conversation
>is being recorded.

In this state, Pac Bell's tariffs don't permit recording without the
beep outside of a few exceptions.  The beep requirement has nothing to
do with the Federal Laws concerning wiretapping which makes it a crime
for anyone to "intercept a telephone call, unless that person has first
obtained the consent of one of the parties actually participating in the
call".  Note that Federal Law only requires the consent of one party.
California State Law requires the consent of ALL parties...

The beep requirement is not law - recorders could just as much be required
to provide mooing sounds every 15 seconds...  (Farms? In Berkeley??...
[insert moo]... Sorry, local humor... :-)

-- 
Mitch Che
Pacific Bell
---------------------------------------
disclaimer, disclaimer, disclaimer, too
(415) 823-2438
uucp: {ihnp4,dual}!ptsfa!ptsfb!che

ron@brl-tgr.ARPA (Ron Natalie <ron>) (08/09/85)

> The question about acoustic vs. electrical connection comes from a landmark
> court case some years ago known as the Carterphone Decision.  This involved
> a telephone answering  machine  that  was  acoustically  connected  to  the
> telephone.  Basically,  this  was the first non-AT&T manufactured equipment
> that could be legally connected  to  the  telephone  network  and  was  the
> entering  wedge for 3rd-party telephone equipment suppliers.  They got away
> with it by not being electrically connected to the network, thus posing  no
> shock   hazard   to  AT&T  maintenance  workers  (AT&T's  main  excuse  for
> prohibiting 3rd party suppliers).  Later AT&T  had  to  publish  electrical
> standards for connection for use by third-party suppliers.
> 
Carterfone was not an answering machine but an accoustic coupler for making
radio phonepatches.

-Ron

woods@hao.UUCP (Greg Woods) (08/12/85)

> Although
>it is a state (vs. Federal) issue, it is never legal to record if neither party
> is aware of it

   That is almost true, but not quite. Conversations with neither party aware
CAN be recorded, but it requires a court order, which in most cases requires
grounds for "reasonable suspicion" that a crime has been or will be committed.

--Greg