Shortly after Kim Kardashian won the hearts of millions on Sunday night by Snapchatting clips of Kanye West’s konversation with Taylor Swift about that lyric in “Famous,” people brought up California’s wiretapping law. There was a chance that Litigious Barbie would sue Kim and Kanye for recording their conversation without her knowledge. There was also a chance that they could face charges.
I’m sure the thought of Kim in sloppy prison issue pants trying to contour her face with Cactus Annie’s squeeze cheese from the commissary was the only thing that brought Taylor Swift any happiness yesterday. Sadly, TMZ says that a KUWTK spin-off called Kim & Kanye Take A Seat in a Cell isn’t a thing that will happen. California has a “two-consent rule” wherein both parties need to give consent to being recorded. But according to TMZ, the California wiretapping law only applies to “confidential” conversations. Kayne’s phone call with Taylor happened while he was on speakerphone, and several people – like producer Rick Rubin – can be heard speaking up during their conversation.
Kim told GQ that Taylor’s lawyers hit Kanye’s team with a threatening letter, warning him of releasing the footage. Taylor denied knowing she was being recorded. But according to TMZ, Taylor was completely aware that other people, including the KUWTK film krew, were in the room while they were talking about the lyrics to “Famous.” They also add that you can’t sue someone for taping a conversation in which you never had any expectation of privacy in the first place, or ones that may be “overheard.”
So yes, Kim recorded Kanye’s conversation with Taylor without her knowledge that Kim was recording it, but they technically didn’t break any laws. So it looks like Kim can go ahead and tell Khloe to put all the courtroom hooker couture she pulled for her sister’s big day in court back into Kim’s closet.
Even if Kanye didn’t put Taylor on speakerphone and it was just him and Kim in the room, I still don’t think Taylor would have any legal ground to stand on. Kim Kardashian has a video camera set to “record” to thank for her career, so as if she’d ever turn one off for the sake of privacy. The only way that conversation between Kanye and Taylor would have been totally 100% confidential is if it took place in an office with a fired-up Amber Rose. “Kim, what is said in this room stays in this room, okay?”