Has a lawyer weighed in on if this was actually legal? It’s concerning wiretap laws with participants in two different countries, so the legality might not be just “is it legal under Canada law”
If a Canadian, connecting to his Canadian ISP hacks into a computer in the US, if they aren't extradited, I think they should be cautious about traveling to the US.
The law exists to protect the person being recorded, so if the person being recorded is somewhere where the law is in effect, then it can be applied.
There is case-law supporting something similar within the US at least: if a person in e.g. California (where all parties' consent is needed) is recorded by a person in e.g. Virginia (where only one party's consent is needed) then they have violated the California law.
I don’t think recording and hacking are equivalent.
Recording is a passive act that entirely takes place entirely within the territory of the person doing the recording.
Whereas hacking involves accessing a computer system that is in a different jurisdiction, which necessarily involves actively communicating with it and sending it commands.
Recording a call is more like listening to a radio station. Countries may make it illegal to listen to certain communications, but as soon as those radio waves leave that jurisdiction then they are fair game for anyone who wants to listen to them.
Pretty much everybody should be cautious about entering the US!
Legally because the recording takes place entirely in Canada. For practical purposes getting something prosecuted across national borders is incredibly complicated even for serious crimes that are crimes in both nations with clear jurisdiction and basically impossible beyond that scope.
In fact only an American would have the temerity to imagine that their laws might apply to someone in another country merely by calling them on the phone.
