Did Kim and Kanye break the law in releasing Taylor Swift's audio?

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Taylor Swift Responds to Kim Kardashian Leaking Alleged Conversation with Kanye West
Taylor Swift Responds to Kim Kardashian Leaking Alleged Conversation with Kanye West

Sunday night saw the entertainment industry embroiled in a great and terrible civil war, as Kim Kardashian made good on her threat to release the audio of Taylor Swift approving a T. Swift reference in Kanye West's "Famous." (As Swift pointed out, said audio didn't show her approving the line calling her "that bitch.") Now all of Calabasas is taking sides. But if you're an adult who feels bad about paying so much attention to a petty celebrity feud, don't worry, there's also a legal angle — did Kim break the law in recording audio of Taylor without her consent?


Interestingly, it depends on the state. In most states, recording a phone call is legal as long as one party in the conversation consents to the recording. However, some states — California, Connecticut, Florida, Hawaii, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington — have passed laws saying you can only record calls if every person on the line is aware of and consents to the recording. (Hawaii's law only applies if the recording is made in private, while Illinois's was ruled unconstitutional in 2014.)

The precedent is murky about which law applies during interstate phone calls, which just makes the legal situation even more vague: Kim and Kanye were definitely in New York (a one-party state), but it's unclear whether Taylor was in California (a two-party state), Tennessee (a one-party state), or somewhere else entirely. If she was in Tennessee, both states involved would be one-party states, and recording the call would therefore be legal. (On the call, Kanye does reference a "Nashville number," which would potentially indicate her location.) In Swift's statement to GQ, however, she says she was "on vacation with her family" during the call; a perusal of Swift's Instagram does not offer any immediate clues where this vacation was, but you're welcome to scour it yourself. The Kardashian family's legal winning streak is counting on you.

Kim Kardashian can go to jail for leaking Kanye's phone call with Taylor Swift
Kim Kardashian can go to jail for leaking Kanye's phone call with Taylor Swift

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