selling and installing listening devices / last minute Party plans December 2, 2025

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
****************
selling and installing listening devices / last minute Party plans
December 2,  2025

FINAL INVITE: LAST CALL - we are in final prep stage and need to know if you're coming:
You're invited:  K&K 2025 HOLIDAY PARTY WILL BE ON DECEMBER 4, 2025 6 PM Old Westbury, NY [presently, I'll let you know if the location changes]. RSVP only if coming with Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Diana Henriquez at 516 747 6700 x 328 or email dhenriquez@kirschenbaumesq.com.  Space limited so be sure to RSVP if coming asap
*
selling and installing listening devices
*
Ken:
   In the past, despite many opportunities and at times severe pressures by ‘upper management’, we have never installed devices that not only were video but would also allow for ‘listening in’ of an area to conversation(s).
   Can you please advise the CURRENT LEGAL state of thinking as I do NOT want to violate Federal Statutes (i.e. the Wiretapping Laws).
Respectfully,
Joseph (Joe) Pfefer, President and Founder
Jade Alarm Co
*
Response
*
   "Listening" or to use the legal term, eavesdropping, is using mechanical devices to intercept or listen to conversations. Wiretapping, usually implemented by law enforcement and legal only after a judge has approved a warrant permitting it, means intercepting and listening to telephone transmissions. Technically eavesdropping can be done with telegraph, cellular, radio or computer, and of course, telephone lines. Eavesdropping can be done with a handheld device that picks up sound, conversations, from across a room, a street or in a building.
   Video is also regulated in different ways in different jurisdictions. There are generally accepted prohibited areas, and when asked I have counseled against installing in these areas [i.e. bathrooms] even though my advice has been fairly consistent that the installer of the devices is rarely to blame, meaning held civilly or criminally liable, because it's the end user who actually does the listening and, more importantly, misuses the data. Nevertheless, installing in strictly prohibited space may involve you in litigation and perhaps criminal prosecution.
   K&K's website has tremendous information for the alarm industry. This site on the website brings you to the drop down for alarm legal issues: https://www.kirschenbaumesq.com/page/alarm-law-issues. Two areas have the Federal and state laws for audio and video. I confess we haven't updated the information in some time, mainly because there has been very little changes over the years. In preparation for those who are interested enough to access the website I will have a few of the K&K staff attorneys review the laws and update the website; perhaps by the time this article is circulated. In any event, it's a great resource to begin your search if you want more than my "free" legal take on the issues.
   You do need to be careful with audio laws because the penalty is usually criminal in nature. But be aware that audio can be abused, as well as useful, in many otherwise seemingly innocent places. For example, a store owner wants an audio device installed to listen to employee interaction. The employer gets written consent from every employee in their employment agreement. With this consent the employer can listen in, and record, conversation in the store between employees. In a single consent state the employer can also listen in and record conversation with an employee and a customer, without the customer's knowledge or consent. But in an all party consent state every participant in the conversation must give written or express consent. In a store or other public place the problem is that there are going to be participants that neither know of the eavesdropping nor consent to it. Two people walk into the store and they are talking among themselves; they haven't consented.
   Signs. I am not aware of any jurisdiction that considers the posting of signs as consent. The reason is obvious; not everyone can read the sign or see the sign and understand the sign and, the law making it illegal doesn't specify that a sign excuses consent or constitutes consent. This is one area I'll have the K&K attorneys check on to see if there has been any evolution in this issue.
   I'll report our findings and if anyone has any law they would like to point us to let us know.
   By the way, the K&K Standard Form Agreements that deal with installing cameras and audio make it clear that the installer is: i) not representing that the use of the equipment is legal, and ii) warning that use of the equipment should be used lawfully and it's the subscriber's obligation to find out what lawful is under the circumstances.

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

Wondering how much your alarm company is worth?
Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth
*
THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily
***
PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477
_{*}
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