A California legislator has introduced a bill that would continue to allow recording of phone calls placed over the internet — as opposed to using a traditional phone service provider — even without the internet service subscriber’s knowledge or consent.

Assembly Bill 1366, introduced by Assemblywoman Lorena Gonzalez, would renew for 10 years a law permitting the recording of any telephone communications that go through an internet provider.

An Exception to the Invasion of Privacy Act

The California Invasion of Privacy Act (CIPA) requires anyone who wishes to record a telephone conversation to obtain the other party’s informed consent. Violators are subject to a fine and even imprisonment. Over the years, the law has been expanded and revised to cover cordless and cell phones.

Erom the caller’s perspective, phone calls initiated from a computer are no different from other telephonic communications. Yet state lawmakers decided to make an exception when it comes to recording VoIP phone calls.

History of VoIP Phone Calls?

In October, 2016, Eric Gruber of San Francisco filed a class action lawsuit against Yelp, an internet-based company that publishes local business reviews. According to the complaint, YelpP had a policy allowing its sales managers to “electronically eavesdrop and record [telephone] conversations without the knowledge or consent of all the parties.”

Gruber alleged that Yelp “intentionally and surreptitiously monitored and recorded telephone calls…without warning or disclosing to callers that they were doing so.” The plaintiffs accused Yelp of violating Sections 632 and 631 of the California Penal Code, engaging in illegal recording, interception and eavesdropping as well as wiretapping.

Attorneys for the defense argued argued that California’s privacy act did not apply to recording VoIP phone calls, and said Gruber failed to prove that Yelp’s policy of recording its sales representatives’ conversations violated the law.

The court sided with the defendant. The ruling established a precedent of allowing companies to record VoIP conversations with impunity.

Lobbyists Apply Pressure

Lobbyists for telecom giants Comcast and AT&T are among those who are pushing for the state to renew the bill allowing for VoIP recording.  They argue that allowing the practice to go unregulated will promote the growth of broadband services.

But since the original law was passed, several major internet providers have stopped expanding broadband access into under-served communities or have monopolized such services, leaving those communities with few other choices.

The bill must still pass a vote by the state Senate Utilities Committee, which was scheduled for early July.