Massachusetts Wiretap Act Governs Out of State Telephone Recording Massachusetts Wiretap Act Governs Out of State Telephone Recording
A Massachusetts Superior Court judge ruled in In Heffernan v. Hashampour that the state Wiretap Act applies when a party outside of Massachusetts secretly records a telephone call to a party in this state. Thus Massachusetts continues to provide its citizens with protection (some say over-protection) from secretive audio recordings. The flip side of this protection can be seen in the case of Simon Glik, who was arrested for video recording police officers making an arrest near Boston Common in 2007. The criminal charges were dropped and Glik has filed a civil rights lawsuit against the City of Boston and three Boston police officers, arguing that public space is not covered by the wiretap law (ie. there is no expectation of privacy in a public place).