Richard is looking into whether we can tape in Houston or Portland and have a CA person on the line.  Mark

 -----Original Message-----
From: 	Black, Don  
Sent:	Friday, August 03, 2001 1:13 PM
To:	Haedicke, Mark E.
Subject:	Re: Taping conversations in california

Mark, someone from our side dug this up with the help of outside counsel it appears.
---------------------- Forwarded by Don Black/HOU/EES on 08/03/2001 01:11 PM ---------------------------
   
 	Enron Energy Services  From:  Mike D Smith                           08/03/2001 12:46 PM	
		


To:	Dan Leff/HOU/EES@EES, Greg Sharp/HOU/EES@EES, Sean A Holmes/HOU/EES@EES, Don Black/HOU/EES@EES
cc:	 
Subject:	Re: Taping conversations in california

Here is the answer on taping.  Looks like we can't do it w/o consent.  MDS
---------------------- Forwarded by Mike D Smith/HOU/EES on 08/03/2001 12:45 PM ---------------------------

 
"Kristen Bird" <kb@quinnemanuel.com> on 08/02/2001 07:32:19 PM
To:	<sdietric@enron.com>, "Shon Morgan" <sm@quinnemanuel.com>
cc:	<msmith1@enron.com> 
Subject:	Re: Taping conversations in california


Mike/Sarah,

California Penal Code Sections 631 and 632 make it a misdemeanor to record a telephone conversation without the consent of all the parties.  In addition, civil penalties are available in the amount of $5,000 per violation.  This is true whether the caller is in California or some other state.  If either party is in some other state, however, you may want to also check the law of that state.

If you are planning on taping a conversation, you should get unambiguous consent from all parties on the call before you begin taping.  Once you begin taping, you should again say words to the effect of, "the parties have consented and awknowledge that this conversation is being recorded" so that you have a record of the consent.  There does not appear to be any requirement of a periodic beep or tone (but it probably doesn't hurt so that the parties don't claim they didn't know that portion of the call was being recorded).

Monitoring and/or eavesdropping also is not acceptable in California without the consent of all parties to the call.  Similar disclosures would need to be made in that regard.

We have numerous former prosecutors in the office with experience with the statute so let me know if we can help with anything specific.

Regards,
Kristen





Kristen Bird
Quinn Emanuel Urquhart Oliver & Hedges, LLP
865 S. Figueroa Street, 10th Floor
Los Angeles, CA 90017

(213) 624-7707 (phone)
(213) 624-0643 (fax)

>>> "Sarah Dietrich" <sdietric@enron.com> 08/02/01 04:47PM >>>


What is the law regarding the taping of telephone conversations in California in
the following instances:

--  both the caller (taping party) and recipient are located in California and

--  the caller (taping party) is not in California but the recipient is located
in California.

Must a statement be made that the call is being taped?  If so, are there any
magic words?

Should there be a beep or tone periodically during the conversation?

Any other requirements?

We would appreciate a response as soon as possible, preferably early Friday.

Since I will be out of the office on Friday, please include Mike D. Smith in
your response so that he can relay it to our business people.

Thank you again for your assistance.

Regards,

Sarah








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