May 8, 2017
In case you haven’t heard of the drama between Kim Kardashian and Taylor Swift, here’s a quick recap: Taylor Swift was none too happy about Kanye West’s lyric in his new song “Famous” which said, “…I made that b—famous…” She said as much on Instagram. According to The Guardian, the plot thickens when Kim Kardashian posted videos on Snapchat clearly showing Swift and Kanye talking about the track on a phone call. So the question now is: was that even legal and what do the social media laws entail (if there are any)? Was Kim Kardashian allowed to record a phone call between Taylor Swift and Kayne West without Swift’s consent?
The answer is more complicated than you think.
According to California law, both parties must be informed of recording during a phone call and both parties must consent before the recording is legal. Obviously, Kim and Kanye didn’t inform Swift that they would record the incriminating phone call. But Kardashian contends that she did nothing illegal. And if she can prove that the recording took place in a place that was obviously public and where it would be obviously easy to assume the call would not be private, she might have a defense against Taylor Swift’s possible lawsuit.
