Under the "two-party consent" penal code, Swift can argue that she had a reasonable expectation that the call would be private. While there were other people in the room – which would negate the expectation of privacy – Brown notes that because it was a phone call, West's actions were "definitely illegal." Brown says that "the potential punishment is $2,500 dollars per violation and up to a year in prison." In addition, West could face civil damages.
Kardashian West is further liable under California's Penal Code 637 "for willfully disclosing the contents of a private phone call without permission from all parties. This carries up to one year in prison and up to $5,000 fine," says Brown.
The reality TV star could also be exposed to an invasion of privacy suit, but could apply the defense that the phone call is newsworthy.
The call was released by Kardashian West to contradict earlier statements Swift made about Famous, saying the rapper did not call for approval, but to ask Taylor to release his single Famous on her Twitter account." Swift has maintained that she was "never made aware of the actual lyrics, 'I made that b---- famous.'"
In response to the dramatic feud, a source close to West told WHO exclusively, "Once again, Taylor Swift is playing the victim. Shocking! Funny, she didn't think he was harassing her when she thanked him for being so thoughtful and considerate when he called to get her permission for Famous, or for the kind gesture of sending her flowers after she presented him with the MTV Video Vanguard Award. As the recordings reveal, she is a liar and nothing she says will change the truth."
However, a Swift source insisted that "Kanye has continued to attack Taylor, attempting to incite hatred for her at his live shows and on social media."