We made the Kapture with a new iconic design to facilitate any discussion of legality/privacy when in public. There are two primary laws concerning audio recording in a public setting.
• One Party Consent Laws: Federal law and the law in 38 states. You can record a phone call or conversation so long as you are a party to the conversation. Furthermore, if you are not a party to the conversation, a "one-party consent" law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded.
• Two Party: Twelve states require the consent of every party to a phone call or conversation in order to make the recording lawful (California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington). Although they are referred to as "two-party consent" laws, consent must be obtained from every party to a phone call or conversation if it involves more than two people.
In addition it is important to note a general trend in privacy/legality in public;
• Privacy Expectation: Generally speaking, however, you will not be liable for intrusion if you photograph or capture video of people in public places, even if they have not consented to being recorded, because individuals cannot have a reasonable expectation of privacy when in public.
Furthermore, it is important to note a Kapture is only buffering until the user decides to save.