If a conversation takes place in public where other parties can overhear the conversation, there is no reasonable expectation of privacy. However, any recording of such a conversation would violate Title III of the Wiretap Act.

Question

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Title III of the Wiretap Act prohibits the interception or recording of wire, oral, or electronic communications without the consent of at least one party involved in the communication, except under certain conditions. If a conversation takes place in a public setting where the participants do not have a reasonable expectation of privacy, recording such a conversation without consent may not necessarily violate the Act, especially if the recorder is a party to the conversation or has the consent of one of the parties.

If a Conversation Takes Place in Public Where Other Parties