What is the test for obtaining a court order or informing a witness that the government had made a recording of a conversation between Barone and Sacco?

Because the government made the recording with the consent and cooperation of Sacco there was no need to inform Barone or obtain a court order. 18 U.S.C. Sec. 2511(2)(c) (1988); United States v. White, 401 U.S. 745, 748-54, 91 S.Ct. 1122, 1124-27, 28 L.Ed.2d 453 (1971); Lopez v. United States, 373 U.S. 427, 437-40, 83 S.Ct. 1381, 1387-89, 10 L.Ed.2d 462 (1963); United States v. Coven, 662 F.2d 162, 173-74 (2d Cir.1981), cert. denied, 456 U.S. 916, 102 S.Ct. 1771, 72 L.Ed.2d 176 (1982). Further, the government is not required to call as a witness a participant in a recorded conversation in order to authenticate the recording; it may lay the foundation for the recording through the testimony of the technician who actually made it. See United States v. Fuentes, 563 F.2d 527, 532 (2d Cir.), cert. denied, 434 U.S. 959, 98 S.Ct. 491, 54 L.Ed.2d 320 (1977). A proper foundation for the Barone/Sacco recording was therefore laid through the testimony of the agent who operated the recording device.