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[richard king]
> Glenn: In many states in the States it is illegal to record
> telephone conversations without the consent of both parties.
> in some states it is legal with the consent of one of the
> parties.  If such recordings are legal and one creates a
> system to record then one is going to have to mange the
> resultant record.  No statue that I'm aware of says one must
> create a system to record telephone calls or voice mail.
> However, once one has created such a system one is obligated
> to manage the resultant record.  For us in the public sector
> the definition of a record states basically " any documentary
> material...regardless of physical form or
> characteristics...made or received in connection with the
> transaction of public business."  Those voice mails recording
> some "transaction of business" need to be managed.  NB: the
> SEC here now requires instant messaging transactions be
> preserved and managed; don't see how that differs from voice mail.

In Oregon voicemail is specifically excluded from the definition of public
record.

<<5) "Public record" includes, but is not limited to, a document, book,
paper, photograph, file, sound recording or machine readable electronic
record, regardless of physical form or characteristics, made, received,
filed or recorded in pursuance of law or in connection with the transaction
of public business, whether or not confidential or restricted in use.
"Public record" does not include:[...]
(f) Messages on voice mail or on other telephone message storage and
retrieval systems.>>
(ORS 192.005)

I think we sometimes forget that records are what we say they are. We make
laws and rules and determine what consitutes a record and what doesn't;
there is no natural law defining records.

t

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