Slashdot Mirror
"Wiretapping" Charges May Be Oddest Ever Recorded
netbuzz writes "Guy kicks up a fuss at a Massachusetts car-repair shop, employees call the police, guy allegedly gives them a hard time, too, and they charge the fellow with a variety of expectable charges: disorderly conduct, resisting arrest ... and 'unlawful wiretapping and possessing a device for wiretapping.' The device? A digital voice recorder. Massachusetts is one of only 12 states that prohibit the recording of a conversation unless all parties to it are aware it's being recorded."
Link to source?
http://www.metrowestdailynews.com/news/x1467270710/Police-say-irate-car-dealership-customer-recorded-altercation
extern warranty;
main()
{
(void)warranty;
}
From http://www.articlesbase.com/national,-state,-local-articles/audio-recording-laws-in-the-us-431017.html: "The 12 states which definitely require all parties to a conversation to consent before it can be recorded are: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania and Washington"
Possibly the weirdest mix of red, blue, coastal, and fly-over states.
The law is Chapter 272: Section 99. Interception of wire and oral communications". Section B, paragraph 4 has the pertinent details:
The term interception means to secretly hear, secretly record, or aid another to secretly hear or secretly record the contents of any wire or oral communication through the use of any intercepting device by any person other than a person given prior authority by all parties to such communication; provided that it shall not constitute an interception for an investigative or law enforcement officer, as defined in this section, to record or transmit a wire or oral communication if the officer is a party to such communication or has been given prior authorization to record or transmit the communication by such a party and if recorded or transmitted in the course of an investigation of a designated offense as defined herein."
The law never uses the term wiretap: Interception of wire and oral communications. Lawmakers can hardly be held responsible for the logical consequences of what other people choose to call things after the fact.
Why can't the legal system use common sense. Simply recording something is not the same as a wiretap. A wiretap implies access to conversations through some sort of technological loophole or exploit and is usually long term. If this is to be illegal then the law should refer to unlawful recording without consent.
The law in question is Chapter 272: Section 99. "Interception of wire and oral communications".
So, yeah, the legal system doesn't always use common sense, but this isn't a great example for you.
Also, you propose "unlawful recording without consent" - that's not right either. Massachusetts doesn't require consent to be recorded, just knowledge. So I can say to you "I'm recording this conversation," and you can say, "no, I don't consent, turn off the recorder," and it's irrelevant. I can keep recording and I can use the recording in any way I see fit. Your consent is immaterial.
These days the cops make all sorts of spurious charges and the DA plea bargains the charges down. I'll bet he pays a few huundred bucks fine for a misdemeanor.
That's not a real improvement. Even a misdemeanor record will hurt your employment viability/ability to get a security clearance/ability to get a concealed carry permit (in some states)/ability to get professional licenses/etc/etc.
When I got charged with felonies I didn't commit they offered me a plea bargain down to a misdemeanor. I told them to go to hell (actually my lawyer did but that's another matter) and fought it all the way to the Grand Jury that refused to indict me. Cost me a lot more money but at least I came out of it without a criminal record.
I want peace on earth and goodwill toward man.
We are the United States Government! We don't do that sort of thing.