Recording telephone conversations

[cassandragrace]

I understand that Maryland is an "all party consent" state, in regards to recording conversations.  

1-Does 'all party consent' mean that the other party to the conversation actually has to say it is ok to record the conversation? Or does it just mean they need to be notified that the conversation is being recorded at the beginning of the conversation?

[socrateaser]

>I understand that Maryland is an "all party consent" state,
>in regards to recording conversations.  
>
>1-Does 'all party consent' mean that the other party to the
>conversation actually has to say it is ok to record the
>conversation? Or does it just mean they need to be notified
>that the conversation is being recorded at the beginning of
>the conversation?

Maryland law generally requires that a person have a "reasonable expectation of privacy," which means that if you notify the other party that you intend to record, and they continue the conversation, then they give "implied consent" to the conversation.

However, if your notice isn't provided at the beginning of the recording itself, then the other party can argue that they didn't know until it was too late, and therefore expected the conversation to be private.