Buckeye State Blog breaking the law?

Jerid at Buckeye State Blog recorded a conversation with Eric Forbes with the Bill Todd mayoral campaign in Columbus (in which he got Eric to admit that Matt Naugle of Right Angle Blog was a “consultant” for the Todd campaign). Assuming Jerid’s still in New Hampshire working on the New Hampshire Project, did he break New Hampshire law? From “Can We Tape?“, a site devoted to telling us about these things:

N. H. Rev. Stat. Ann. Â§ 570-A:2: It is a felony to intercept, or disclose the contents of, any telecommunication or oral communication without the consent of all parties. However, it is a misdemeanor for a party to a communication, or anyone who has the consent of only one of the parties, to intercept a telecommunication or oral communication.

Civil damages are expressly authorized for unlawful interceptions for the greater of actual damages, $100 a day for each day of violation, or $1,000 in addition to punitive damages, attorney fees and litigation costs. N.H. Rev. Stat. Ann. Â§ 570-A:11.

So New Hampshire requires all parties to consent to recording. But this is interstate, and one-party permission is legal in Ohio. Here’s what the site has to say about that:

In light of the differing state laws governing electronic recording of conversations between private parties, journalists are advised to err on the side of caution when recording or disclosing an interstate telephone call. The safest strategy is to assume that the stricter state law will apply.

For example, a reporter located in the District of Columbia who records a telephone conversation without the consent of a party located in Maryland would not violate District of Columbia law, but could be liable under Maryland law. A court located in the District of Columbia may apply Maryland law, depending on its “conflict of laws” rules. Therefore, an aggrieved party may choose to file suit in either jurisdiction, depending on which law is more favorable to the party s claim.

But for all I know, Jerid’s back in Ohio, where one-party permission is fine, and there’d be no problem. His last NH post was on Saturday.

Trackback | Posted by Brian | Jun 11, 2007 5:55 pm | Permalink | Bookmark
Categories: Blogs, Ohio, Politics, News

Posted by Matt N. | Jun 11, 2007 6:28 pm

It is entirely possible that Jerid broke that law.

And just so you know, I never accepted money or any other form of compensation for my help on Todd’s campaign. Bill is a guy who I have great respect for. is the best candidate for mayor- And as a new resident of Columbus, I will be involved in literature drops over the summer- Which is always a great way to get exercise.

Posted by Jerid | Jun 11, 2007 6:31 pm

Matt, you’re almost as new to the city as Bighead. That’s awesome!

Brian, love to see the hits still coming. Keeps your traffic up, eh?

Posted by Brian | Jun 11, 2007 6:31 pm

Thanks for clarifying that, Matt. Welcome to Columbus!

Posted by Brian | Jun 11, 2007 6:37 pm

Jerid, how does me linking to you help my traffic? You almost never link back!

By the way, are you still in NH? Did you break NH law? Did you ever pick your feet in Poughkeepsie?

Posted by Modern Esquire | Jun 11, 2007 7:52 pm

Fine… Bill Todd can sue Jerid in New Hampshire. *Yawn* Way to ignore the continuing astroturfing that is RAB. Wow, Naugle is the first free political consultant I’ve ever heard of.

Perhaps Matt would like to go on record as to whether he was “jamesrhodes” on RAB, too?

Posted by Jerid | Jun 11, 2007 8:15 pm

I invite the lawsuit. Frankly it’s kinda fun watching Brian play lawyer. He’s not as up on the up as he thinks he is.

here’s a secret Brian (it wouldn’t fly).

Posted by Brian | Jun 11, 2007 8:42 pm

Whether or not a civil lawsuit would work is one thing, and I doubt that the Todd campaign would bother. But there’s also a law involved. And, no, IANAL.

Posted by Jerid | Jun 11, 2007 8:44 pm

I’m talking about the criminal law there Bri-Bri.

And it’s pretty obvious you’re not a lawyer.

Posted by Brian | Jun 11, 2007 8:50 pm

Clearly you’re in position of a wide range of facts and expertise about this that you don’t care to share, which any lawyer would probably tell you is a good idea.

Posted by R. Lee Ermey | Jun 12, 2007 11:19 am

Jerid posted:
Iâ€™m talking about the criminal law there Bri-Bri.

And itâ€™s pretty obvious youâ€™re not a lawyer.

Wow - that is pure arrogance right there. “Bri-Bri”? Unless he is your buddy that deserves a judo chop.

The second comment is even worse. How funny that someone just done with their first year of college would make a comment like that. Boy, I hope you don’t fall off that horse you are riding on my friend. Might be an awful long fall.

Posted by Brian | Jun 12, 2007 11:53 am

He was just trying to get my goat. Happily, my goat is still in my possession (which I am told is 9/10ths of the law).

Posted by Columbuser.com / Buckeye State Blog engaging in blackmail? | Jun 21, 2007 2:39 pm

[…] time around I questioned whether Jerid at BSB had illegally recorded a telephone conversation with Eric Forbes, the political director of the Bill Todd campaign. Now it appears that he’s blackmailing the […]

Posted by Columbuser.com » Buckeye State Blog on entrapment | Jul 10, 2007 1:16 pm

[…] Very funny. This from someone who recorded a phone call with a Bill Todd staffer, in apparent violation of New Hampshire law, where I presume the call originated, and posted the recording on his […]

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