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  Federal law permits the recording of phone calls if at least one party agrees to the recording. However, under no circumstances--and in no state--is a person permitted to record a conversation that he is not a party to or cannot overhear naturally. Furthermore, many states, such as Rhode Island, have adopted additional laws regarding phone recordings. As such, the Supreme Court of Rhode Island has taken great liberty to clarify its phone recording laws.
  
  

Single Party Consent

• The state of Rhode Island adheres to federal law regarding the recording of phone conversations. However, Rhode Island stipulates that recordings, even if one party consents, must not be criminal or meant to damage a contractual or beneficial relationship. An example of this was the state of Rhode Island against a University of Rhode Island student (State vs. O'brien). The student hid in a closet and videotaped his fraternity brother having sex with a female student, having obtained the consent of his fraternity brother. The female student, upon uncovering the scheme, filed a motion in which the court ruled that the audio that was recorded was tortious in nature, thus nullifying the "single party consent" law.
  
  

Business Extension Exception

• The state of Rhode Island does recognize the business extension exception. This exception permits the recording of phone conversations in certain businesses such as telemarketing. The exception recognizes that certain business must monitor and record phone conversations as a function of its ordinary course of business. This exception further states that the recordings must be made with equipment issued by a communications provider and made within the ordinary course of business. For example, if a telemarketer contacts an individual about purchasing a service to which the individual agrees, the telemarketer can record the conversation to verify the transaction.
  
  

Penalties

• Illegal recording or breaches of the "single party consent" rule can result in a prison term of up to five years. However, if the content of the recording has become public knowledge or public information, the recording is not considered illegal and is not punishable. Also, Rhode Island adds that parties who are plaintiffs in an illegal recording case can seek punitive damages (in the form of $100 per day or $1,000, whichever is greater) in addition to court costs and attorney fees.