"Finally, in 1939, Gen. George C. Marshall told Navy intelligence officers to ignore the law. The military that followed made the officers look like heroes, not felons"
I don't know about other parts of this guy's testimony, but a document from the NSA website indicates that the above quote is just totally inaccurate.
"The first class of U.S. Navy intercept operators with classroom training began their intercept activities with the Japanese maneuvers of 1929. This proved good experience in preparing them for the Grand Maneuvers of 1930, when the U.S. Navy emphasized radio intercept operations."
Perhaps I missed it, but what is missing in this discussion thread is the expectation of privacy.
The notification that you are being recorded takes away any expectation of privacy you might have and therefore opens up the conversation to recording.
Every statute I've ever seen regarding recording, eavesdropping, wiretapping, etc. indicates that at least one of the participants in the call must have an expectation that the call is private and confidential.
At some time, some where, a clever attorney figured out how to remove one of the elements of the crime of wiretapping, etc.
This appears to be how "notification" morphed into "consent."
No expectation of privacy - no bar to recording the call.
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