SB 642

Current law generally prohibits a person from aurally recording or otherwise

using a device to intercept another person's (speaker's) oral communications unless

a court has authorized the interception or unless the person is a party to the

communication or the speaker or another party to the communication has given

permission for the interception. Current law defines "oral communication" in part

as any oral communication uttered by a person exhibiting an expectation that the

communication is not subject to interception under circumstances justifying the

expectation.

In

State v. Duchow

, 2008 WI 57, 310 Wis. 2d 1, 749 N.W.2d 913, 05-2175, the

Wisconsin Supreme Court held that the definition of "oral communication"

incorporates a reasonable expectation of privacy, and that, absent a reasonable

expectation of privacy, a person is not prohibited from aurally recording or otherwise

using a device to intercept a speaker's oral communication.

This bill redefines "oral communication" as one uttered by a person who has a

reasonable expectation the communication is private or who is exhibiting an

expectation that the communication is not subject to interception under

circumstances justifying the expectation.