Using an iPhone to secretly record a conversation is not a violation of the Wiretap Act if done for legitmate purposes, a federal appeals court has ruled. “The defendant must have the intent to use the illicit recording to commit a tort of crime beyond the act of recording itself,” (.pdf) the 2nd U.S. Circuit Court of Appeals ruled. Friday’s decision by the 2nd U.S. Circuit Court of Appeals, which involves a civil lawsuit over a secret audio recording produced from the 99-cent Recorder app, mirrors decisions in at least three other federal appeals courts. The lawsuit concerns a family dispute over the ...