Audio Recording...the sequel!

What is the name of your state? Massachusettes

The question involves Mass. G.L. Chapter 272: Section 99. Interception of wire and oral communications

The original poster has an ongoing problem with his neighbors. Specifically, they shout obscenities at him. He does not need any advice on how to live his life.

He simply wants to know if the statute prohibits the placement of an audio recorder on his property. He already has a video recorder in place.

Also see

United States Code Title 18, Part 1. Chapter 119: Section 2511

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Up to five years in the federal pen.

Donovanatee:

Liability under the statute does not turn on “consent” and that is why you don’t see “consent” defined within the statute. The statute turns on “Interception” which is defined within the statute as “secret”.

The entire statute, speaks only to SECRET recordings. I would argue that you have no affirmative duty to notify anyone that you have an audio recorder running on your property. I would argue that unless you take affirmative steps to CONCEAL that fact from your neighbors, you have not done anything secretly.

That said, your ass will be best covered by notifying the neighbors that you have installed a recorder. In your situation, I would simply send them a certified mail and post a sign right on the property line where they will see it.

You are under no obligation to warn the entire world that if they are near your property and speaking in a loud voice, they may be captured on the recorder. The statute does not apply to voices that are inadvertently captured while you are recording something else.

Reading the statute as a whole the legislature was very clear on what type of activities it is trying to prevent. Recording the sounds of your own property is not even CLOSE to falling within the statute.

As I said before, your freedom to make the recording is different than your rights and responsibilities in USING the recording or sharing it with others.

Ozark:
I see you figured out that a civil judgment does not qualify as "commercial gain", lol.

Can you please direct me to the paragraph that you believe would apply in OP's situation?

Edited for form.

Holy Cow, how many of these threads are there now???

Is This a recording???

Well, do you give your consent?

Quaere said:

Ozark:
I see you figured out that a civil judgment does not qualify as "commercial gain", lol.

Can you please direct me to the paragraph that you believe would apply in OP's situation?

Edited for form.

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Have you figured out multiple threads are bad? Especially when the OP was answered correctly in the original thread and by local law enforcement.