When Kanye West released his song “Famous,” rumors swirled that Taylor Swift was outraged at the lyrics involving her name. West claimed that he called Swift prior to the song’s release and got her approval on the lyrics, while Swift denied such approval.
A huge break in the West/Swift saga transpired when West’s wife, Kim Kardashian West, released a string of video clips in which she recorded the phone conversation where West asked for and received Swift’s approval of the lyrics…BUSTED. However, in what is now being refered to as the #KimExposedTaylorParty, there’s some discussion over whether the Kimye duo will face a lawsuit over recording Swift without her knowledge. So here’s the deal:
In order to have a successful claim against someone under a state’s wiretapping law, you must prove that they recorded a private conversation without receiving the proper consent. This brings up two questions- the first question is exactly what constitutes a “private conversation?” Well, a conversation is private when the parties to that conversation have a reasonable expectation of it being private. Looking at the phone call at hand, not only was the call on speakerphone, but leading producer Rick Rubin can be heard chiming in on the conversation from West’s end of the call. This blurs the lines as to whether the call can truly be deemed “private.” The second question is precisely who has to consent to the recording? The answer to this varies from state to state. New York, for example, is a “one-party consent state” meaning that only one party to the convo (West in this case) would have to consent to the recording. However, unlucky for Team Kanye, this call was recorded in California, which is a “two-party consent state” meaning that all parties to the call must consent to the recording. Currently, thirty-eight states are like New York, needing only one party to consent to the recording. The remaining twelve: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington, have a stricter standard requiring the consent of all parties.
While the celebs may end up battling it out about needing the consent of one party versus all parties, the only party most fans are concerned with is the #KimExposedTaylorParty.
Amanda Magrone reporting on this story. Amanda is a law student, aspiring journalist, fashion-lover and commercial model. She is entering her third and final year at New York Law School, and hoping to combine her passions into a career in fashion law.