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webdevMason's profile
Mason 🏃‍♂️✂️
Mason 🏃‍♂️✂️
Mason  🏃‍♂️ ✂️
@webdevMason

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Mason  🏃‍♂️ ✂️

@webdevMason

LA → Oakland
calendly.com/masonhartman
Joined July 2015

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    1. Mason  🏃‍♂️ ✂️‏ @webdevMason Jul 3
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      Replying to @backspaceTab22 @balajis @chr1sa

      If the recorded speech is taking place in a two-party consent state — including CA, where many Clubhouse members are located — the person recording can be prosecuted regardless of where they're physically located. The critical issue is whether or not CH convos are "confidential"

      2 replies 0 retweets 1 like
    2. MaskOn‏ @backspaceTab22 Jul 3
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      Replying to @webdevMason @balajis @chr1sa

      Actually, I think your first point might be wrong. “A good rule of thumb is that the law of the jurisdiction in which the recording device is located will apply,” Matthiesen Wickert & Lehrer says.https://www.rev.com/blog/phone-call-recording-laws-state …

      1 reply 0 retweets 1 like
    3. Mason  🏃‍♂️ ✂️‏ @webdevMason Jul 3
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      Replying to @backspaceTab22 @balajis @chr1sa

      It's at least true for CA, where the state supreme court specifically ruled on the issue in 2006https://www.mofo.com/resources/insights/california-two-party-consent-law-applies-to-recording-of-calls-made-from-other-states.html …

      1 reply 0 retweets 0 likes
    4. MaskOn‏ @backspaceTab22 Jul 3
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      Replying to @webdevMason @balajis @chr1sa

      Just because the California supreme court creates a law does not mean it has jurisdiction over the case. When a business does business in multiple states it registers an entity in the state which means it can be sued locally even the recording happened in a one party state but

      1 reply 0 retweets 1 like
    5. MaskOn‏ @backspaceTab22 Jul 3
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      Replying to @backspaceTab22 @webdevMason and

      if it's just an individual in a different state California can't just assume jurisdiction.

      2 replies 0 retweets 1 like
    6. Mason  🏃‍♂️ ✂️‏ @webdevMason Jul 3
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      Replying to @backspaceTab22 @balajis @chr1sa

      This question was the entire basis of the SC case, and the ruling determined "that the complaint was properly governed by California law" and could be prosecuted in CA despite the recording party calling from Georgia.

      1 reply 0 retweets 0 likes
    7. Mason  🏃‍♂️ ✂️‏ @webdevMason Jul 3
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      Replying to @webdevMason @backspaceTab22 and

      "The California decision confirms that states with restrictive eavesdropping laws will not hesitate to enforce those laws against interstate callers."

      1 reply 0 retweets 0 likes
    8. MaskOn‏ @backspaceTab22 Jul 3
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      Replying to @webdevMason @balajis @chr1sa

      I get it, I'm just saying that I highly doubt this law applies to individuals. As I said I agree that it can apply to companies because they usually have a local entity that you can legally serve.

      2 replies 0 retweets 0 likes
    9. MaskOn‏ @backspaceTab22 Jul 3
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      Replying to @backspaceTab22 @webdevMason and

      When you have two regular people suing each other, and they are in different states, the jurisdiction usually settles where the recording happened.

      1 reply 0 retweets 0 likes
    10. Mason  🏃‍♂️ ✂️‏ @webdevMason Jul 3
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      Replying to @backspaceTab22 @balajis @chr1sa

      This was a criminal rather than civil case & the question was whether the state of California could enforce its two-party consent law with regard to a call originating from + recorded in Georgia. The ruling determined that yes, California can prosecute under those circumstances.

      1 reply 0 retweets 0 likes
      Mason  🏃‍♂️ ✂️‏ @webdevMason Jul 3
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      Replying to @webdevMason @backspaceTab22 and

      Whether a civil suit could be approached in a similar way, I don't know

      6:01 PM - 3 Jul 2020
      1 reply 0 retweets 0 likes
        1. New conversation
        2. MaskOn‏ @backspaceTab22 Jul 3
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          Replying to @webdevMason @balajis @chr1sa

          The point I am making is not an easily googlable one, but i think is the crux. There are all sort of issues with bringing charges against an individual in a different state, with a crime that happened in a different state. The only practical reason California can do so is because

          1 reply 0 retweets 0 likes
        3. MaskOn‏ @backspaceTab22 Jul 3
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          Replying to @backspaceTab22 @webdevMason and

          business have local entities. Individuals have all sort of protections against being charged in far away locations and without being served.

          2 replies 0 retweets 0 likes
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