Apologize to Brown
Your apparent attack on Attorney General Jerry Brown's office ("Is California AG required to obey laws he enforces?", Nov. 6) is clearly inaccurate.
California Penal Code Section 632 prohibits the recording only of "confidential communications" without the consent of all parties thereto. The term "confidential communications" is specifically defined, in pertinent part, in Section 632 (c) as including "any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties" and specifically excludes any communications in which the parties to the communication may be overheard or recorded.
Unless there was a specific promise by Communications Director Scott Gerber or a news reporter to the contrary, which does not appear to be the case, any communication between him and a news reporter clearly could not be deemed a "confidential communication" under Penal Code Section 632.
On the other hand, it seems equally clear that the circumstances of the recorded conversations in the ACORN conversation would have clearly indicated to the ACORN representatives that the communication was intended to be confidential.
While I personally don't approve of the conduct of Gerber, it is not illegal. Similarly, while I certainly don't approve of the conduct of the ACORN representatives, the recording of their conversations does appear illegal and would warrant further investigation.
Attorney General Brown appears to be simply attempting to enforce our criminal law, which is his job. I believe that you owe him an apology.
JOHN M. ULMAN II
Bakersfield
