Reporters Committee for Freedom of Information – ” The California court of appeal is considering an expansive interpretation of state privacy law — in a pending lawsuit pending involving Yelp — that would make it unlawful to take notes during telephone conversations. The Reporters Committee for Freedom of the Press and a coalition of 17 media organizations are urging the court to reject the argument that the California Invasion of Privacy Act prevents note taking. In the case, plaintiff Eric Gruber alleges that Yelp violated the CIPA by recording conversations between him and Yelp employees. Yelp argues that it only made “one-way” recordings in which only the Yelp employee’s voice was recorded.

The district court found that Yelp did not violate CIPA, but Gruber appealed, calling for a more “expansive” reading of what qualifies as a recording under the law that would include “all simultaneously-created records” as long as they are “registered in reproducible form,” whether that be audio, written, photographic or another form of recording. In a friend-of-the-court brief filed July 10, Reporters Committee attorneys argue, along with 17 media organizations, that this expansive interpretation of CIPA could potentially make journalists responsible for damages or criminalize those who take notes — either by hand or by computer — during conversations and consequently, criminalize the common journalistic practice of notetaking. Note taking should not be considered recording, “even if done without the consent of all parties to the communication.”…