No. Alaska is a one party consent state, which means you can legally record a phone call or conversation as long as you are one of the participants. You do not need to inform the other person unless the call crosses into a state that requires all party consent. It is illegal to record calls or private conversations you are not part of.
If you’re in Alaska and thinking about recording a phone call — maybe to keep evidence, protect yourself, or just for clarity — you’re probably asking: Is that legal? The answer is: yes — often you can legally record. But like many legal questions, the answer depends on some key details.
In this article, I’ll walk you through exactly when it’s legal or illegal to record a call in Alaska, common situations, possible consequences, and how to stay on the right side of the law. Let’s get started.
How Alaska Law Treats Call Recording
What does Alaska Statute § 42.20.310 say?
According to Alaska law under Section 42.20.310:
- It is unlawful to use an “eavesdropping device” to hear or record any part of an oral conversation without the consent of a party to the conversation. (Justia Law)
- “Eavesdropping device” covers any device capable of recording or listening in on a conversation — whether on phone or in person.
- If a person violates this law, they can be prosecuted for unauthorized recording.
Alaska makes it illegal to record a call or private conversation unless at least one person in that conversation consents to the recording — and importantly, that person can be you.
Alaska is a “one-party consent” state
Many legal guides and resources list Alaska among the “one-party consent” states in the U.S. That means you are allowed to record a call or conversation if you are one of the participants — you don’t need to get permission from the other party. (Recording Law)
A court decision from Alaska’s highest court also confirms that the eavesdropping statute was intended to prevent third-party interception, not recordings by participants to a conversation.
So if you’re in a call and you hit record — and you are part of the call — Alaska law generally treats that as legal.
When It’s Legal — Examples of Lawful Recording
Here are some everyday scenarios where recording a call in Alaska is allowed:
- You are on a phone call and you press record to remember details.
- You record a zoom or video call you are part of (voice counts as “oral conversation”).
- You record a call with your boss, coworker, landlord, or tenant — as long as you’re involved in the call.
- You record a threatening call or harassment — you’re part of the conversation.
- You record for personal notes — e.g. instructions, agreements, service calls, etc.
As long as you are a party to the conversation, the law allows it under the one-party consent rule.
When It’s Illegal — What You Cannot Do
Even though Alaska’s law gives you broad rights, there are still clear limits. Recording becomes illegal when you:
- Try to record a conversation between two or more people when you are not part of that call or conversation.
- Place a hidden device to record conversations between others without their consent or knowledge.
- “Spy” on people — e.g. record private conversations you have no involvement in.
- Use recordings obtained illegally or intercept calls where no party consented.
These actions violate the statute because there is no consent from any party in the conversation.
If you record illegally, using devices or intercepting communications without being a participant, you may face criminal charges. The relevant law covers not just telephone calls but any “oral conversation,” including in person.
Read More: What is Internet Calling?
What Happens If You Record Illegally — Possible Penalties
Violating Alaska’s eavesdropping law can have serious consequences:
- It can be a class A misdemeanor, according to Alaska statute.
- You may face fines, criminal records, potential jail time, depending on the severity and circumstances.
- Any recording made illegally may be inadmissible in court and could lead to further legal trouble if you publish or share it.
Because of these serious risks, it is best to only record when you’re reasonably sure it’s lawful — i.e. you are part of the conversation, or you have consent from a participant.
Special Situations — What to Watch Out For
Cross-State or Interstate Calls
If you are in Alaska but the person you’re calling lives in another state — especially a “two-party consent” state — things can get complicated. Some legal guides suggest if any party to the call is located in a state requiring all-party consent, it may be safest to obtain consent from everyone.
Since laws differ across states, using the strictest standard (i.e. getting permission from all participants) is often the safest route if you’re unsure.
Recording Calls with Law Enforcement or Police
Alaska also regulates surveillance by police and law enforcement under its statutes.
If you call police yourself, and you are part of the conversation, you may record — but surreptitious interception by third-parties or without consent can be illegal.
If law enforcement wants to secretly record, there are special rules and often a warrant must be obtained.
Privacy Expectations — In Person Conversations
The law does not limit just phone calls — “oral conversations” include in person talks. That means if you are physically present and part of the conversation, recording is legal under the same one-party consent rule. But secretly recording private conversations between others is still illegal.
Your Rights: How to Legally Record a Call in Alaska
If you want to record a call or conversation and stay legally safe, here’s a simple “cheat sheet” to follow.
✅ When you’re good
- You’re on the call (phone, video, in-person) yourself.
- You want a record for safety, clarity, proof, or personal use.
- Everyone involved is fine with it (optional, but polite).
- You avoid using hidden devices to record conversations you aren’t part of.
❌ When you’d be breaking the law
- You record a call you aren’t involved in.
- You place a device to spy on someone else’s private conversation.
- You intercept or tap a phone line without consent.
- You record solely to harass, blackmail, threaten, or exploit content.
If you follow the legal path, Alaska’s one-party rule keeps you covered and you can often use recordings as evidence if needed.
Common Questions and Situations People Ask About
Can I record a work-call or conversation with my boss or coworker?
Yes — if you are part of the call or meeting. But avoid secretly recording others when you are not present.
Can I secretly record a threatening call or a scammer without telling them?
Yes — as long as you are part of the call yourself, you can legally record. That makes call recording tools useful for protecting yourself.
If I record and share it online, is that legal?
Recording might be legal if you are part of it, but sharing publicly can raise additional privacy, defamation, or civil issues — especially if it involves private persons. Always think carefully before publishing.
Do I need to tell the other person I’m recording?
Not under Alaska law, but telling them can avoid misunderstandings. If the other person is in a different jurisdiction with stricter laws, getting their consent is a safer bet.
Why Alaska’s Law Is Designed This Way
The logic behind Alaska’s one-party consent law is balancing privacy rights with practicality. The law aims to stop third-party eavesdropping or interception — not to prevent you from keeping your own copy of a conversation you are part of.
This approach gives individuals the freedom to record calls for personal protection, memory, clarity, and evidence — while still deterring secret, unauthorized surveillance or recording of conversations without consent.
Final Verdict: Yes — Often It’s Legal to Record Calls in Alaska, But You Need to Know the Rules
If you are in Alaska and you are part of the call, you can usually record it legally under Alaska Statute § 42.20.310. You don’t need permission from the other person.
But that only applies if you follow the law: you are involved in the call, you don’t secretly record others, and you don’t misuse recordings for illegal purposes. If you want to be extra careful — especially in cross-state calls — getting everyone’s consent is the safest path.
When in doubt, think about consent and context. If you follow the rules, Alaska allows people to record their own conversations.
FAQ
1. Is it illegal to record a phone call in Alaska?
No. Alaska allows one party consent. You can record a call if you are part of the conversation.
2. Do I have to tell the other person I am recording?
Not under Alaska law. However, it can be wise to tell them if the call involves someone in a two party consent state.
3. Can I secretly record a conversation I am part of?
Yes. As long as you are a participant, the recording is legal even if it is done without notifying the other person.
4. Is it legal to record a call between two other people in Alaska?
No. Recording conversations you are not part of is illegal and considered unlawful interception.
5. Can I record my boss or coworker without permission?
Yes, if you are part of the call or meeting. You cannot record two coworkers talking privately without being present.
6. Are recorded calls admissible in Alaska courts?
Yes. If the recording is legal and relevant, courts typically allow it as evidence.
7. Can I record a call with police or law enforcement?
Yes. You can record your own conversation with police. You cannot intercept or secretly record police communications you are not part of.
8. What is the penalty for illegal phone recording in Alaska?
Unlawful interception can lead to criminal charges, fines, or a misdemeanor conviction.
9. Can I post a recorded call online?
Even if the recording is legal, posting it publicly may create privacy, defamation, or civil issues. Always get legal guidance before publishing.
10. Does Alaska law also apply to in person conversations?
Yes. The same one party consent rule applies to any oral conversation where you are a participant.
