# One-party vs two-party consent states: can you use an AI recorder?

Explainer · AI recorders · 3 min read. By [David Wilson](https://testbenchlab.com/authors/david-wilson/). Updated 2026-10-02.

One-party consent generally means one participant can consent to recording; all-party consent generally requires every participant’s permission. US state rules vary by type of communication and circumstances, so a simple two-column map cannot settle every recording decision.

| State or issue | Practical distinction to check |
|---|---|
| [California](https://www.rcfp.org/reporters-recording-guide/california/) | All-party requirements for confidential communications. |
| [Florida](https://www.rcfp.org/reporters-recording-guide/florida/) | All-party requirements for protected conversations and calls. |
| [Illinois](https://www.rcfp.org/reporters-recording-guide/illinois/) | All-party requirements for private conversations and protected communications. |
| [Maryland](https://www.rcfp.org/reporters-recording-guide/maryland/) | All-party requirements for private speech and calls. |
| [Massachusetts](https://www.rcfp.org/reporters-recording-guide/massachusetts/) | The prohibition on secret recording is important; awareness affects the analysis. |
| [Montana](https://www.rcfp.org/reporters-recording-guide/montana/) | Hidden recording and the knowledge of participants are important. |
| [New Hampshire](https://www.rcfp.org/reporters-recording-guide/new-hampshire/) | All-party requirements, with distinctions affecting penalties. |
| [Pennsylvania](https://www.rcfp.org/reporters-recording-guide/pennsylvania/) | All-party requirements for protected conversations and communications. |
| [Washington](https://www.rcfp.org/reporters-recording-guide/washington/) | Private-conversation rules and statutory exceptions need checking. |
| [Connecticut](https://www.rcfp.org/reporters-recording-guide/connecticut/) | Phone-call civil liability differs from the criminal one-party rule and in-person recording. |
| [Nevada](https://www.rcfp.org/reporters-recording-guide/nevada/) | Phone calls and in-person conversations have different consent rules. |
| [Oregon](https://www.rcfp.org/reporters-recording-guide/oregon/) | Distinguish in-person notice rules, electronic communications and applicable exceptions. |
| [Michigan](https://www.rcfp.org/reporters-recording-guide/michigan/) | Participant recording and outsider eavesdropping require a careful current-law check. |
| [Delaware](https://www.rcfp.org/reporters-recording-guide/delaware/) | Different recording and privacy provisions require a careful current-law check. |

This is a guide to states and distinctions requiring particular attention, not an exhaustive classification of every possible conversation. Consult the linked state chapter and current statutes for the circumstances. Source chapters have their own update dates; checking a page today does not make it a new legal opinion.

## What is one-party consent?

One-party consent does not mean that any bystander can record any conversation. The consent normally comes from a participant, and other restrictions may apply. Federal and state rules must be considered together. The purpose and use of a recording can also affect the legal analysis.

## Which states require all-party consent?

California and Florida are examples of states with all-party requirements for protected conversations. Other states have distinctions between calls, in-person speech, secrecy and reasonable privacy. Use the linked state guide rather than relying on an unqualified list of “two-party states”; two-party is shorthand even when more than two people are present.

## Does this apply to AI voice recorders?

Yes. A dedicated recorder is still recording a conversation. Processing the audio into a transcript, uploading it to a cloud service and sharing it are additional actions to consider. Ask permission openly and explain the intended use, especially in a workplace or confidential meeting.

## Recording calls across state lines

A cross-state call can engage more than one jurisdiction. Do not assume your own state’s rule is the only relevant one. Obtain everyone’s agreement and seek advice for a disputed, sensitive or consequential recording. This guide provides general context, not a determination for a particular call.

## Frequently asked questions

### Are AI voice recorders legal?

They can be used lawfully, but consent and context determine whether a particular recording is permitted. The AI feature does not create an exception.

### Is it legal to record a conversation at work?

It depends on applicable law, the participants and workplace rules. Permission to attend a meeting does not automatically include permission to record and upload it.

## Related reading

- [The best AI voice recorders of 2026](https://testbenchlab.com/best/best-ai-voice-recorders/)
- [How to record a phone call on iPhone (built-in, apps and AI recorders)](https://testbenchlab.com/guides/how-to-record-a-phone-call-on-iphone/)
- [AI voice recorders](https://testbenchlab.com/categories/ai-voice-recorders/)

## Sources

1. [Reporters Committee state recording-law guide](https://www.rcfp.org/reporters-recording-guide/)