Michigan Eavesdropping Act (MCL 750.539a to 750.539j)
Eavesdropping and consent – Michigan Eavesdropping Act (MCL 750.539a to 750.539j)

Michigan Eavesdropping Act (MCL 750.539a to 750.539j) 539c: 539c Do not use a device to eavesdrop on a private conversation without the consent of all parties

A person, whether present at or absent from a private conversation, must not wilfully use any device to eavesdrop on it without the consent of all parties, and must not knowingly aid, employ or procure another to do so. The rule is the same for telephone and in-person conversations. Penalty: felony, up to 2 years in state prison, a fine of up to 2,000 dollars, or both. Whether a participant can eavesdrop on their own conversation is unsettled: the Michigan Court of Appeals in Sullivan v. Gray (1982) read 'private discourse of others' in 539a(2) as excluding a participant who records, while later decisions and commentators have questioned or limited that reading. This framework records the split and does not resolve it; the opinions are not held.

Maintained by Gerard Blokdyk

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  • 2511(2)(d) 2511(2)(d) One-party consent: be a party or have a party's prior consent, and never for a criminal or tortious purpose

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