KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ********************** More on announcing calls you are recording December 29, 2023 ************************ More on announcing calls you are recording from article on November 27, 2023 *********************** Ken, What about this situation? We use the internet to make calls Voice Over Internet Protocol (VOIP); phone system of the times. The voice on one end is basically recorded as data packets and sent through the internet where it is re-assembled at the other end. Every computer, switch, AI router, etc. etc. saves a copy of this data until purged. The VOIP call can also be captured to a hard drive by entering a simple command into the Smart or AI switch using SPAN Switched Port Analyzer. On a Cisco system this can be activated on a per phone basis. If the VOIP phone has SPAN activated the Administrator can designate a network location to store all incoming and outgoing calls made from that particular phone. In short a VOIP call must be recorded to be transmitted, unlike POTS. POTS lines work with the electrical pulses generated through the mouth piece onto the wires directly through the hardwired switch network to the pairs of wires designated to the recipient. To tap a POTS line one needs to know the exact pair of wires to splice onto. With VOIP the calls are multicast to whoever says that's me; however every switch router and server along the way stores the data and can be accessed by anyone with access to the network and knowledge to SPAN it out. Thanks to the FCC and the phone companies pushing all communications onto the internet it has never been easier to tap a phone line, all one needs is the IP address and some freeware provided by most network switch manufactures. If it is on the internet it is not safe or protected. Jerry ************************ Response ************************ Subject to those with the technical expertise I’d say this is a pretty good example of laws not keeping up with technology. A practical response is that those using VOIP have implicitly consented to the technology which according the Jerry requires downloading the date. But downloading data is quite different than intercepting the data, especially for purposes unintended and unwanted by the sender. In the December 12, 2023 newsletter I updated advice that implicit consent was acceptable for recording and listening. What constitutes implicit consent? I haven’t done research on that issue, and cases are scarce, but until legislation specifically defines implicit it will be up to the judges to figure it out. It certainly appears that the general consensus is that an announcement starting the call or beeps is sufficient notice. Probably the best advice is that you need to be careful recording or listening and be sure that you use the data only for lawful purposes with no ill-intent. The Standard Form Agreements make it clear that end users are responsible to use any device you install in a lawful manner, and you’re not their lawyer explaining what that means. ************************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** WEBINARS:https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
