Kanye West may not have actually violated any law by recording and leaking his conversation with Taylor Swift.
Reports circulated about a letter that Taylor Swift fired off to Kanye West a few months back, trying to get ahead of any possible phone recording leak, the singer threatened possible legal action should the video recording from their “Famous” lyric discussion surface online. Lo and behold, Kim Kardashian leaked the video to her legions of Snapchat followers the other day.
In Taylor Swift’s initial letter threatening legal action, her lawyer basically states that Kanye has committed felony under California law, where the phone call was recorded, if someone records another person without their knowledge it’s considered a criminal offense. However, TMZ has done some of their usual digging, and it appears Taylor may not actually be able to take any legal action against kanye despite her threatening letter.
According to California law, if someone records a “confidential communication,” it’s an offense. However “confidential communication” does not include any conversations that “may be overheard” — and Taylor was most definitely aware that her conversation with Kanye was being overheard.
She was on speakerphone, and producer Rick Rubin even chimed in during their conversation while other members of Kanye’s team can be overheard through out the call, so it’s all too obvious she was not having a private discussion with Kanye and she was aware of this fact.