It’s a good thing Kim Kardashian and Kanye West aren’t worried about being sued by Taylor Swift, because she has a strong case against them.
On Sunday, after Kardashian, 35, posted video evidence to Snapchat of Swift, 26, approving references to her in West’s song “Famous,” questions about the legality of the clip have surfaced.
As the Digital Media Law Project points out,
that’s because “California’s wiretapping law is a ‘two-party consent’
law.” This means that if any conversation in a public or semi-public
space is recorded, all parties involved, in this case West, 39, and
Swift, must have agreed to it.
“The whole question of whether or not the communication is
confidential comes down to whether the parties to that conversation had a
reasonable expectation of privacy,” Jody Armour, a professor at the
University of Southern California Gould School of Law, told Page Six on
Monday.
If Swift’s lawyers can prove she was unaware her conversation with
West was being recorded, the recorder could be liable for both criminal
and civil penalties. And the criminal penalties could even include a
year in jail. California Penal Code Section 632 states:
Every person who, intentionally and without the consent of all parties
to a confidential communication, by means of any electronic amplifying
or recording device, eavesdrops upon or records the confidential
communication, whether the communication is carried on among the parties
in the presence of one another or by means of a telegraph, telephone,
or other device, except a radio, shall be punished by a fine not
exceeding two thousand five hundred dollars ($2,500), or imprisonment in
the county jail not exceeding one year, or in the state prison, or by
both that fine and imprisonment.
Wednesday, July 20, 2016
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