Delaware

In Delaware, there is some conflict with regards to whether a party to a conversation can record the communication without the other party’s consent. Delaware’s wiretapping and surveillance law specifically allows an individual to “intercept” any wire, oral or electronic communication to which the individual is a party, or a communication in which at least one of the parties has given prior consent, so long as the communication is not intercepted with a criminal or tortuous/wrongful intent. Del. Code Ann. tit. 11, § 2402(c)(4).

However, a Delaware privacy law makes it illegal to intercept “without the consent of all parties thereto a message by telephone, telegraph, letter or other means of communicating privately, including private conversation.” Del. Code Ann. tit. 11, § 1335(a)(4).

The wiretapping law is much more recent, and at least one federal court has held that, even under the privacy law, an individual can record his own conversations. United States v. Vespe, 389 F. Supp. 1359 (1975).