A Practical Guide to Taping Phone Calls and In-Person Conversations in the 50 States and D.C.

• Introduction

• State-by-state guide

• Tape-recording laws
  at a glance

• Consent and its limits

• Interstate phone calls

• Possession and
  publication

• The FCC’s role

• Cellular & cordless calls

• Citations to cases

Idaho

Although legislation criminalizes the interception and disclosure of wire or oral communications, it specifically allows interception when one of the parties has given prior consent. Idaho Code § 18-6702. Punishment for the felony of an illegal interception or disclosure can include up to five years in prison and as much as $5,000 in fines. Anyone whose communications are unlawfully intercepted can sue for recovery of actual damages, at $100 a day per day of violation or $1,000 — whichever is more. Punitive damages, litigation costs and attorney fees also can be recovered. Idaho Code § 18-6709.

The Supreme Court of Idaho has held that eavesdroppers violated the Communications Security Act by willfully intercepting and recording telephone users’ cordless telephone conversation using radio scanners and tape recorders, and disclosing the conversations to others. Hoskins v. Howard, 971 P.2d 1135 (Idaho 1998).