New York

Mechanical wiretapping is illegal under the statute only when the party whose wires are tapped is not a party involved in the conversation. People v. Gibson, 23 N.Y.2d 618 (N.Y. 1969). However, a party to the conversation may surreptitiously record a conversation. Id.

These laws apply to conversations conducted over cellular or cordless phones. People v Fata, 159 N.Y.S.2d 348 (N.Y.App. Div. 1990).

A state court held that newspapers that published transcripts of an illegally recorded telephone conversation were subject to civil liability when the “newspapers knew they were dealing with recorded conversations between unconsenting parties.” Natoli v. Sullivan, 606 N.Y.S.2d 504 (N.Y. Sup. Ct. Oswego County 1993), aff’d, 616 N.Y.D.2d 318 (N.Y. App. Div. 1994).