What the Kimye-Taylor Swift Feud Taught Us About Recording Conversations

Posted in General FAQ'S on September 26, 2016

Are you aware of the “Kimye” and Taylor Swift feud? The latest piece of celebrity gossip may serve as juicy fodder for the rumor mill, but it also raises some interesting legal questions. For the uninitiated, here’s the story:

• Kanye West recorded a song, titled “Famous,” that implied that he made Taylor Swift famous.
• Taylor took exception to the song, and said she wasn’t made aware of the lyrics before the song was released. Her reps said she never approved the lyrics, which has a clear misogynistic message.
• Kim Kardashian, Kanye’s wife, released a list of Snapchat videos that seem to contradict her story. In them, she plays a recorded conversation between Kanye and Taylor in which we hear Taylor not only approves the lyrics, but also says she appreciated the heads-up.

While a celebrity feud may seem like nothing more than a way to pass the time, this is actually problematic in the eyes of the law.

Did Kim Kardashian Break the Law?

Evidence suggests that Kim Kardashian recorded the conversation in Los Angeles. If this is the case, she may have violated state law.

In California, we have what’s called a two-party wiretapping system. Essentially, this means both parties have to consent to a recording for it to be legal. California states it’s a crime to record a conversation without consent from all parties involved. This law applies to all confidential conversations, in other words, conversations in which parties can reasonably expect to not be recorded. This rule applies to phone communications as well as hidden video camera conversations.

Recording someone in a semi-public or public place is a different story. In a public place, you may or may not have a reasonable expectation of being recorded. The court system generally decides on a case-by-case basis.

In a nutshell: If common sense tells you a conversation is private, you should obtain consent from all parties before recording.

Did Kim Kardashian Have Consent?

The crux of the issue is whether Kardashian had consent from Taylor to record their conversation. If she didn’t, and if they were in California, she may have violated state law. Snapchat doesn’t offer a fully streamed video conversation. We may have missed Taylor’s consent to record. We also don’t have concrete confirmation that she was in California – wiretapping laws vary from state to state and country to country.

Will Taylor Swift Press Charges?

Taylor would be within her legal rights to press charges against the Kardashian/West family if the previously outlined circumstances were true. According to TMZ, Taylor’s lawyers sent a letter to Kanye’s lawyers, citing that anyone who records a conversation without consent commits a felony under California law. However, a later TMZ report also suggests that Taylor may have known she was being heard, because producer Rick Rubin piped into the conversation several times.

The Bottom Line: No Prosecution for Kimye

At this juncture, it seems unlikely Taylor will pursue criminal charges against the couple who recorded her. If they were found guilty of illegal wiretapping, they could face up to $2,500 in fines and up to a year in county jail. A more likely scenario is that Taylor could file civil charges against the couple. She could, in theory, file a lawsuit to compensate for emotional damages.

What this story teaches us, if anything else, is to be cautious about recording conversations. In the age of the internet, it’s easy to record and disseminate information. But you may be violating state law without even realizing. We can’t all expect a Twitter war and widespread media coverage like the Kardashian/West family and Taylor, but we may potentially face something worse – possible fines and jail time.