![]() The McConnell camp should certainly have been more careful in ensuring privacy before beginning the meeting, but attitudes toward whether or not the recording was fair game will probably be split along partisan lines. Whether or not it was ethical is a different question. If the campaign headquarters was publicly accessible and the conversation audible from the hallway, the alleged recording by Progress Kentucky may have been legal. A conversation which is loud enough to be heard through the wall or through the heating system without the use of any device is not protected by the statute, since a person who desires privacy can take the steps necessary to ensure that his conversation cannot be overheard by the ordinary ear. It is a felony to overhear or record, through use of an electronic or mechanical device, an oral communication without the consent of at least one party to that communication. ![]()
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