[Scan-DC] Boston: Illegal electronic surveillance

[Andrew Clegg]

The text of the law is at:

http://www.mass.gov/legis/laws/mgl/272-99.htm

It covers "wire or oral communications." Presumably if you videotape police
activity with no corresponding audio, you would not be violating this law.
That appears to be why the officer asked the person in the news story,
before arresting him, whether his cell phone recording included audio.

-----Original Message-----
From: scan-dc-bounces at mailman.qth.net
[mailto:scan-dc-bounces at mailman.qth.net]On Behalf Of Andrew Clegg
Sent: Thursday, January 14, 2010 11:31 AM
To: merlin at merlinjacobs.com; Doug Walton; b_thom at juno.com;
Scan-DC at mailman.qth.net
Subject: Re: [Scan-DC] Boston: Illegal electronic surveillance


According to the article, it hinges on whether the recording is done in
secret or not. The law they are trying to enforce is the law that prohibits
recording a two-way exchange when one of the parties is not aware of the
recording. It was originally written to cover audio recordings of telephone
calls, and the police are extending it to include recording them in action.

-----Original Message-----
From: scan-dc-bounces at mailman.qth.net
[mailto:scan-dc-bounces at mailman.qth.net]On Behalf Of
merlin at merlinjacobs.com
Sent: Thursday, January 14, 2010 11:28 AM
To: Doug Walton; b_thom at juno.com; Scan-DC at mailman.qth.net
Subject: Re: [Scan-DC] Boston: Illegal electronic surveillance


Yea, what protects TV crews?

-----Original Message-----
From: Doug Walton [mailto:dswfd2119 at comcast.net]
Sent: Thursday, January 14, 2010 11:26 AM
To: b_thom at juno.com, Scan-DC at mailman.qth.net
Subject: Re: [Scan-DC] Boston: Illegal electronic surveillance

Interesting. I always thought that if you were out in the public eye, in
apublic area (not private property), you had no reasonable expectation
ofprivacy. -----Original Message-----From:
scan-dc-bounces at mailman.qth.net[mailto:scan-dc-bounces at mailman.qth.net] On
Behalf Of b_thom at juno.comSent: Thursday, January 14, 2010 11:13 AMTo:
Scan-DC at mailman.qth.netSubject: [Scan-DC] Boston: Illegal electronic
surveillanceCellphones, not scanners. My mistake - there's no cause for
alarm.http://www.boston.com/news/local/massachusetts/articles/2010/01/12/pol
ice_fight_cellphone_recordingsSimon Glik, a lawyer, was walking down Tremont
Street in Boston when he sawthree police officers struggling to extract a
plastic bag from a teenager'smouth. Thinking their force seemed excessive
for a drug arrest, Glik pulledout his cellphone and began recording.Within
minutes, Glik said, he was in handcuffs."One of the officers asked me
whether my phone had audio recordingcapabilities,'' Glik, 33, said rece
 ntly of the incident, which took place inOctober 2007. Glik acknowledged
that it did, and then, he said, "my phonewas seized, and I was
arrested.''The charge? Illegal electronic
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