A person may tape a telephone conversation only if that person is a party to the conversation. So, if Mary and John are talking on the telephone, Mary may record the conversation, even without telling John she is recording, as long as she is the one on the phone with John. However, Susan, who is not part of the telephone conversation could not tape Mary and John’s conversation. To do so would be a federal criminal offense.
As it relates to children, a parent who is not talking to the children on the phone cannot tape the children’s conversation. So, if Little Johnny is talking to Daddy on the phone, Mommy cannot tape the conversation. To do so would be a federal criminal offense.