State recording, tracking, and monitoring laws don't stand alone. Three federal statutes apply nationwide and sit on top of them. When federal and state law disagree, the stricter one controls — so clearing your state's rule isn't enough if you trip a federal one, and clearing federal law isn't enough if your state is tougher.
At a glance
Adult subject — e.g., a spouse
Your own minor child
Federal Wiretap Act (§ 2511)
The Wiretap Act makes it a crime to intentionally intercept a wire, oral, or electronic communication. Federally it's one-party consent: recording is generally legal if you're a party to the conversation, or one party consents — unless it's done for a criminal or tortious purpose. Intercepting a conversation you're not part of, or planting a device to capture others' communications, is illegal, carrying up to five years in prison plus civil damages. Most courts reject a "spousal" exception, so it applies to recording a spouse.
18 U.S.C. § 2511Stored Communications Act (§ 2701)
The SCA makes it illegal to access stored electronic communications without authorization — getting into someone's email, cloud messages, or an online account they've protected and reading what's there. Owning the device the account is opened on does not authorize you to log into another person's account. Violations carry criminal penalties and civil liability.
18 U.S.C. § 2701Computer Fraud and Abuse Act (§ 1030)
The CFAA prohibits accessing a computer or device without authorization, or exceeding authorized access. Installing spyware or a keylogger on someone's device, or logging into their accounts without permission, can violate it — again, even on a shared or family computer, because authorization is about the account and the person, not just the hardware. Criminal and civil exposure.
18 U.S.C. § 1030Adult vs. minor child
This is where the federal laws split by subject. For your own minor child, you generally have authority over a device or account you own and control (which matters for the SCA and CFAA), and under the Wiretap Act a parent may be able to give "vicarious consent" to record the child's communications — if they have a genuine, reasonable belief it's for the child's welfare. That doctrine is accepted in some courts but not settled everywhere, so recording a child's calls with third parties is a "seek legal advice" question, not a green light.
For another adult — including a spouse — none of that applies. There's no vicarious consent, and owning a shared device does not authorize you to intercept their communications or open their protected accounts.
How federal and state law interact
Both layers apply at once, and the stricter one wins. Federal recording law is one-party consent; if your state requires all-party consent, the state rule controls and you need everyone's permission. Conversely, something your state doesn't address can still be a federal crime under the SCA or CFAA. The safe rule: clear both before you record, track, or access anything.
See an error or an out-of-date citation? Please let us know.
General legal information only, not legal advice, and no attorney-client relationship is created by reading it. Federal statutes and their interpretation vary by circuit and change over time. We disclaim all warranties and any liability for reliance on this page. Confirm the current law and consult a licensed attorney before recording, tracking, installing software, or accessing anyone's device or accounts.