A 1968 Federal law banned all wiretapping and recordings without a court order unless at least one party to the conversation had consented.

The parties must consent As a result, there are a variety of affirmative defenses that a party may assert to avoid his obligation.

In civil cases, an appeal was allowed only if the other party consented to it.

Even if both parties legally consent to such acts this may not be accepted as a defense against criminal charges.

"If all involved parties are consenting, I'm all for anything."

"In this instance, the parties neither consented nor were provided an opportunity to be heard."

In the end, however, the party consented with the changes the confessional parties demanded.

There are also some circumstances in which a third party who has equal control, i.e. common authority, over the property may consent to a search.

(3) It is not defence to a charge under this section that the other party consented.

It is unclear whether one or both parties must consent.