Fix New Hampshire’s outdated wiretap law
Fix New Hampshire’s outdated wiretap law
The Issue
New Hampshire’s current wiretapping statute (RSA 570-A) is out of touch with common sense and modern reality. Under existing state law, NH is one of a small minority of "all-party consent" states. That means if you record a phone call that you are actively participating in—without getting explicit consent from every person on the line—you could be charged with a crime.
It is time to fix this law and align it with basic principles of justice, consumer fairness, and truth.
Why This Matters
1. You can’t "disable" your memory—why ban a verbatim record?
When you participate in a conversation, your brain naturally records and processes what you hear. Expecting people to rely strictly on human memory in legal or financial disputes—rather than an accurate audio record of what was actually said—only favors dishonest actors and creates unnecessary legal battles.
2. Protecting consumers from corporate double standards
When you call a customer service line, you are almost always greeted with: "This call may be recorded for quality or training purposes." Yet, if a consumer records that same call to hold a company accountable for misleading statements, hidden fees, or broken promises, the law can penalize the customer. If a business announces a call is being recorded, any participant should automatically have the right to record too.
3. Collecting evidence and stopping fraud
When someone is faced with threats, harassment, breach of contract, or potential criminal behavior, an audio recording is often the only objective evidence available. The law should protect citizens who gather facts to defend themselves, not criminalize them for capturing the truth.
4. Focusing wiretap bans on actual eavesdroppers
Wiretapping laws were originally designed to prevent third parties from spying on conversations they were not part of. Banning third-party eavesdropping makes sense; criminalizing a person for recording a conversation they are directly having does not.
Our Demand:
We call on the New Hampshire General Court to pass legislation amending RSA 570-A to:
- Protect Participant Recording: Explicitly allow any participant in a call or conversation to record the interaction without criminal penalty.
- End Corporate Double Standards: Establish that if a business or entity announces a call may be monitored or recorded, all participants automatically have the legal right to record.
- Protect Victim & Consumer Rights: Ensure individuals can collect accurate audio records to protect themselves against fraud, legal disputes, and criminal acts.
- Refocus the Law on Wiretapping: Maintain strict penalties for third parties who secretly intercept or spy on conversations they are not part of.
2
The Issue
New Hampshire’s current wiretapping statute (RSA 570-A) is out of touch with common sense and modern reality. Under existing state law, NH is one of a small minority of "all-party consent" states. That means if you record a phone call that you are actively participating in—without getting explicit consent from every person on the line—you could be charged with a crime.
It is time to fix this law and align it with basic principles of justice, consumer fairness, and truth.
Why This Matters
1. You can’t "disable" your memory—why ban a verbatim record?
When you participate in a conversation, your brain naturally records and processes what you hear. Expecting people to rely strictly on human memory in legal or financial disputes—rather than an accurate audio record of what was actually said—only favors dishonest actors and creates unnecessary legal battles.
2. Protecting consumers from corporate double standards
When you call a customer service line, you are almost always greeted with: "This call may be recorded for quality or training purposes." Yet, if a consumer records that same call to hold a company accountable for misleading statements, hidden fees, or broken promises, the law can penalize the customer. If a business announces a call is being recorded, any participant should automatically have the right to record too.
3. Collecting evidence and stopping fraud
When someone is faced with threats, harassment, breach of contract, or potential criminal behavior, an audio recording is often the only objective evidence available. The law should protect citizens who gather facts to defend themselves, not criminalize them for capturing the truth.
4. Focusing wiretap bans on actual eavesdroppers
Wiretapping laws were originally designed to prevent third parties from spying on conversations they were not part of. Banning third-party eavesdropping makes sense; criminalizing a person for recording a conversation they are directly having does not.
Our Demand:
We call on the New Hampshire General Court to pass legislation amending RSA 570-A to:
- Protect Participant Recording: Explicitly allow any participant in a call or conversation to record the interaction without criminal penalty.
- End Corporate Double Standards: Establish that if a business or entity announces a call may be monitored or recorded, all participants automatically have the legal right to record.
- Protect Victim & Consumer Rights: Ensure individuals can collect accurate audio records to protect themselves against fraud, legal disputes, and criminal acts.
- Refocus the Law on Wiretapping: Maintain strict penalties for third parties who secretly intercept or spy on conversations they are not part of.
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Petition created on October 12, 2026