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Reply #17: The key words are "eavesdropping device" [View All]

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Venceremos Donating Member (488 posts) Send PM | Profile | Ignore Thu Feb-19-09 04:01 PM
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17. The key words are "eavesdropping device"
You say that under the statute, the speaker phone is considered an eavesdropping advice. Under Illinois law, it is very unlikely that a speakerphone would be legally regarded as an eavesdropping device.

Illinois courts have found that telephone extensions are not eavesdropping devices. Generally it's legal in Illinois to listen to the conversations of others on an extension, but it's illegal to record such conversations.

Although the speakerphone has not been specifically addressed by the Illinois courts, I think the courts would apply the same logic as they did in ruling an extension is not an eavesdropping advice.

Sources: Cassidy v. ABC, 377 N.E.2d 126 (Ill. App. Ct. 1978); People v. Wilson, 554 N.E.2d 545, (Ill. App. Ct. 1990); People v. Barrow, 549 N.E.2d 240 (Ill. 1989); People v. Britz, 541 N.E.2d 505 (Ill. App. Ct. 1989); People v. Gervasi, 434 N.E.2d 1112 (Ill. 1982); People v. Shinkle, 539 N.E.2d 1238 (Ill. 1989).

Although you might find a lawyer to sue them in civil court, your case will probably be dismissed at the lower court level. In the unlikely event that you win in the lower courts, you'll most likely be overturned at the appellate level. And I seriously doubt your local prosecutor will bring criminal charges against them, for the same reasons.

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