Kanye West break California law by secretly recording Taylor Swift, Taylor Swift Didn’t Know Her Call Was Being Taped
Kanye West and Taylor Swift’s feud has just gone nuclear – but could the social media drama also land some of Hollywood’s biggest names in the courtroom? It’s possible.
On Sunday, West’s wife Kim Kardashian West released video footage to her Snapchat of an alleged phone call between the rapper and Swift discussing his song “Famous.” In the video, Swift can allegedly be heard approving the West lyrics: “For all my Southside n—– that know me best / I feel like me and Taylor might still have sex.”
In response to the video, Swift claimed on Instagram that the call was “secretly” recorded.
A source confirms to PEOPLE that West and Kardashian West recorded the conversation from Los Angeles, where they reside. The insider alleges that West did not tell Swift at the start of the convo that he was recording. If that is the case, they violated California’s “two-party consent” law.
The two-party consent law makes it a felony to record or eavesdrop on any confidential communication – namely, a phone call – without the consent of all those involved, according to California Penal Code 632.
As Swift likely had a reasonable expectation that the call would be private, Kardashian West – who appeared to be the one recording the conversation – is in violation of the wiretapping law.
And Swift has taken action – in February, she threatened West with criminal prosecution for recording her without her knowledge, and demanded he destroy any video, a source tells PEOPLE.
The singer still has the right to file a lawsuit against the couple.
West’s team is ready to dispute Swift’s claims, however, another source tells PEOPLE. The insider says that the rapper always records his entire album-creation process for his archives, and that Swift was made aware she was on tape.
The source adds that Swift is on video approving all the verse lyrics, including “I made that b**ch famous,” which wasn’t mentioned in the clips released Sunday.
California’s recording statute previously played a part in the 2014 drama surrounding Los Angeles Clippers owner Donald Sterling, who was banned from the NBA for life after his private conversation during which he used racial slurs was leaked. Lawyers argued, at the time, that Sterling had consented to the recording.
The new clips from Swift and West’s conversation were released months after the singer’s rep told PEOPLE that she “declined and cautioned [West] about releasing a song with a such a strong misogynistic message” – and following Kardashian West’s GQ cover interview where she claimed the phone call existed.
Swift’s representatives did not return an email seeking clarification. West’s representatives did not return an email seeking the same.