That moment when Kanye West secretly records your phone call, then Kim posts it on the Internet. pic.twitter.com/4GJqdyykQu
? Taylor Swift (@taylorswift13) July 18, 2016
It's the inclusion of the words "secretly records your phone call" that may get Kanye in trouble. See the reason's why from an excerpt from the The Gaurdian:
If Kanye recorded the correspondence in California, where he and Kim Kardashian live, and failed to get Swift?s consent, then he would have violated state law, experts say.
In California, the wiretapping law dictates ?two-party consent?, which means it?s a crime to record or eavesdrop on any communication ? including a private conversation or phone call ? without the consent of all parties involved.
The law stipulates a possible punishment of a $2,500 fine or a year in county jail.
Outside of statutory damages, Swift could pursue civil damages through a lawsuit, which experts said is a more likely course of action.
?California is an ?all-party consent? wiretapping state. What that means is, even on things like a conference call, before you record it, you?re supposed to announce to everyone, ?I?m going to record this call,?? said Chris Hoofnagle, professor of law at the University of California and an expert on privacy.
?There?s civil and criminal liability,? he said, adding that criminal prosecution would be unlikely in this kind of case, but that Swift could allege damages to her reputation.
Paul Schwartz, co-director of the Berkeley Center for Law and Technology, said Swift could also bring a ?tort claim? alleging ?public disclosure of private facts?.
Brings the question to mind, when do the lines between expressing oneself through art and deliberately using the platform as an excuse to say whatever you like blur?
D.Damons