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Check here for an overview of recording laws (from 2012, so look for updates), and whether your state is a one- or two-party consent state: https://www.mwl-law.com/wp-content/uploads/2013/03/LAWS-ON-RECORDING-CONVERSATIONS-CHART.pdf Among 2-party consent states in the U.S., the specifics of these laws vary widely. To find out if using the EAR is legal (or how you can do it legally) in your state, search for the relevant recording laws for your state, find the section relevant to recording conversations, and run it by a lawyer (I was able to do this for free at my institution). For California, you can start by using the relevant portions of the files below that were adapted and approved by several CA IRBs (UC Riverside, UCLA, UC Santa Cruz, and Stanford). In these documents, you will find the privacy and confidentiality procedures from one IRB application, the relevant CA law, and the solution deemed appropriate by UCR university lawyers (P's wearing a button that indicates the potential to be recorded, pictured in attachment). Important note: legal opinions widely vary, so be sure to run any procedures by your own legal counsel before implementing them. For practical suggestions regarding legal and ethical concerns with using the EAR in all-party consent states, see Robbins (in press) below.
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