Posted by Barton Lorimor (@bartonlorimor)
* You may recall last month the Illinois Supreme Court struck down the state’s eavesdropping law. Among other things, the law required a person recording conversations to receive consent from all participating parties before pushing the “Record” button. Now a days, you don’t even need that. It’s all fair game.
Assume everyone is wearing a wire is right, huh?
From Andrew Maloney…
“We cannot let this stand, because right now, you can record anybody, any time with or without (their) knowledge and use it for whatever purpose — and there’s nothing to control that,” said Rep. Elaine Nekritz, a Northbrook Democrat. “I think that’s a situation we really need to fix.”
Ideally, Nekritz said, she’d like to have a new eavesdropping statute proposed before the end of the General Assembly’s spring session on May 31. But with lawmakers focusing more on the state’s finances than criminal law, she’s not confident a bill will advance.
She wants to keep one of the primary provisions in the old law — that all parties in a conversation give their consent before any recording is made — and add in exceptions for conversations that cannot reasonably be deemed to be private.
Question: Are there any provisions in the old Eavesdropping Law you would like to see in a hypothetical new statute?
Emphasis on explaining your answer.