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Panel briefs House Judiciary Committee on wiretapping laws, two‑party consent and narrow remedy options
Summary
Experts from NCSL, Maryland legislative counsel and a law professor framed Maryland’s two‑party consent law against national patterns, noting most states are one‑party consent and outlining common statutory exceptions; debate focused on whether to preserve the right while adjusting remedies to let certain private recordings be admitted in limited cases.
Madam Chair and the House Judiciary Committee heard an overview on Nov. 18, 2025, of state wiretapping, eavesdropping and electronic surveillance laws, including which states require all‑party consent and which allow recordings with only one consenting participant. Heather Morton, director of the financial services, technology and communications program at the National Conference of State Legislatures, reviewed definitions and a state consent map and noted that "most jurisdictions have a one‑party consent law" while a minority—including Maryland—require all parties to consent.
The presentation explained statutory terminology used across states and the most common exceptions to consent rules, including law enforcement acting under…
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