[eganist]

The replies beneath you are likely wildly off base if the other end of the phone call was based in a two party consent state like California.

If both ends of the call were in Virginia or another one party consent state, the recording is probably fine.

But that also doesn't rule out the applicability of the cloudflare NDA.

(Not a lawyer)

[nixgeek]

So, this one seems quite complicated, California is an "All Party" consent state. There's precedent from the California Supreme Court (Kearney v. Salomon Smith Barney Inc., 39 Cal. 4th 95; 2006) that when someone in a one-party consent state records a conversation with someone from California, the stricter condition applies, meaning they need all parties to consent.

At the Federal level, it's seemingly mostly a one-party situation and so it also isn't incredibly clear that someone would find it easy to bring a case in California against an individual based in Virginia. Multi-jurisdictional crime is complicated, People v. Brown 69 Cal. App. 2d 602 was a California appelate court decision saying California can only prosecure crimes occurring in California. Perhaps you would argue the person on this call from California was a wronged party if they didn't consent, but United States v. Anderson - 328 U.S. 699 (1946) concluded “the locus delicti must be determined from the nature of the crime alleged and the location of the act or acts constituting it", which does very little to conclude California would be able to prosecute a Virginian for recording a call with a Californian, even despite the other ruling?

If the participants in the conversation weren't based in California but were based in other states which still require more than one party to consent, I don't think many states other than California have settled precedent on whether the stricter condition applies.

(I am also not a lawyer).