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Colorado law may prohibit unauthorized taping (Boy taping teacher)

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BurgherHoldtheLies Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 05:18 PM
Original message
Colorado law may prohibit unauthorized taping (Boy taping teacher)
Colorado's law prohibits intentionally intercepting, overhearing, or recording electronic, wire and oral communications without the consent of the sender or the receiver.

Violation is a class 6 felony, punishable by a fine of $1,000 to $100,000 and up to two years in jail.

http://www.rtnda.org/resources/hiddencamera/colorado.html


Teacher caught in Bush "rant"
The Overland High educator is on administrative leave. Cherry Creek's superintendent said a balanced viewpoint will be given to students.
By Karen Rouse
Denver Post Staff Writer



An Overland High School teacher who criticized President Bush, capitalism and U.S. foreign policy during his geography class was placed on administrative leave Wednesday afternoon after a student who recorded the session went public with the tape.

In the 20-minute recording, made on an MP3 player, teacher Jay Bennish described capitalism as a system "at odds with human rights." He also said there were "eerie similarities" between what Bush said during his Jan. 28 State of the Union address and "things that Adolf Hitler used to say."

http://www.denverpost.com/news/ci_3560566



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pocket Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 05:31 PM
Response to Original message
1. I'd expell that little bastard
Let his neocon parents home skool him.
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Traveling_Home Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 05:32 PM
Response to Original message
2. Maybe but here's what I found

Only 1 party (sender or reciever) must give consent - the kid was the receiver. I used to record conversations with Social Security without their knowledge because I was getting such bad information from them.
==============

Colo. Rev. Stat. § 18-9-303: Recording or overhearing a telephone conversation, or any electronic communication, without the consent of a party to the conversation is a felony punishable by a fine of between $1,000 and $100,000 and one year to 18 months in jail. Recording of a communication from a cordless telephone, however, is a misdemeanor. Colo. Rev. Stat. § 18-1.3-401.

Using or disclosing information obtained through illegal wiretapping is prohibited if there is reason to know the information was obtained illegally. Anyone who is not "visibly present" during a conversation who overhears or records the conversation without the consent of at least one of the parties commits a felony carrying the same punishment as a telephone interception, as does anyone who discloses the contents of such a conversation. Colo. Rev. Stat § 18-9-304.

However, nothing in these statutes "shall be interpreted to prevent a news agency, or an employee thereof, from using the accepted tools and equipment of that news medium in the course of reporting or investigating a public and newsworthy event." Colo. Rev. Stat. § 18-9-305.
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BurgherHoldtheLies Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 05:36 PM
Response to Reply #2
4. But there were multiple "receivers"....did he get their permission.
Just wondering if that's not an angle in a situation where only this kid "permitted" the taping while all other involved parties were not aware.
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Traveling_Home Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 06:00 PM
Response to Reply #4
6. Keep working it but .....
The Colorado Statute that I posted is pretty clear:

"without the consent of a party" - this also came up for discussion in
Colorado when some politico back east was caught violating the law in their state where both parties had to give consent to taping. Colorado didn't want it that way.

:shrug:
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AngryAmish Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 05:32 PM
Response to Original message
3. Put the little bastard in jail
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TX-RAT Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 05:44 PM
Response to Original message
5. Not sure how that would apply, to a student taping an instructor in class.
I wore out several tape recorders in college.
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