> You probably agree with that statement while I have different intuitions.
I most certainly do not. That phrase has nothing to do with this discussion in fact - it applies to cases of making private statements either public or at least known to the state apparatus.
Private recordings of private conversations have no similar issue. In my opinion, recording a conversation you and I have is no different from keeping hold of a letter or an email that you sent me, and it's certainly not something I routinely fear.
And, when I do say things that I fear others may hear, I am not content with the fact that I could sue you for recording that information. I would go to technical lengths to actually try to ensure that you can't record it.
> Why should you think the law can protect you from anything? Because violating the law comes with a substantial potential cost, which is a risk many actors are not willing to accept.
The law has almost no power in private settings. Technically, if I bought a music CD from Sony, I am not allowed to play it to you, since that would require performance rights. Does Sony or anyone on the planet expect me to fear legal repercussions for doing so in the privacy of my home? Obviously not. It will only even become a possible legal issue if I start publicizing this in some way.
Similarly, even if it's technically illegal for me to hold recordings of my conversations with friends, it is in practice all but impossible for me to be prosecuted about it unless and until I publish them. Even if you suspected I did record our conversations, you would need significant proof of that before convincing a judge to issue a search warrant to try to prove I did. If I am simply keeping these for my own purposes and not sharing with others, you will never have such proof. So, even if it were deeply illegal, I would have very little reason to fear it in practice.
I most certainly do not. That phrase has nothing to do with this discussion in fact - it applies to cases of making private statements either public or at least known to the state apparatus.
Private recordings of private conversations have no similar issue. In my opinion, recording a conversation you and I have is no different from keeping hold of a letter or an email that you sent me, and it's certainly not something I routinely fear.
And, when I do say things that I fear others may hear, I am not content with the fact that I could sue you for recording that information. I would go to technical lengths to actually try to ensure that you can't record it.
> Why should you think the law can protect you from anything? Because violating the law comes with a substantial potential cost, which is a risk many actors are not willing to accept.
The law has almost no power in private settings. Technically, if I bought a music CD from Sony, I am not allowed to play it to you, since that would require performance rights. Does Sony or anyone on the planet expect me to fear legal repercussions for doing so in the privacy of my home? Obviously not. It will only even become a possible legal issue if I start publicizing this in some way.
Similarly, even if it's technically illegal for me to hold recordings of my conversations with friends, it is in practice all but impossible for me to be prosecuted about it unless and until I publish them. Even if you suspected I did record our conversations, you would need significant proof of that before convincing a judge to issue a search warrant to try to prove I did. If I am simply keeping these for my own purposes and not sharing with others, you will never have such proof. So, even if it were deeply illegal, I would have very little reason to fear it in practice.