logoalt Hacker News

bonsai_spool • today at 12:13 PM • 1 reply • view on HN

> This is, I believe, a felony in Massachusetts.

I hear this a lot but such a perspective elides the novelty (and the actual question):

If I devise a mechanical device that semi-faithfully creates marks that convey information about a conversation - but which does not offer a way to replay the conversation whatsoever - does that constitute a recording subject to two-party consent?

If so, how does this relate to a potential decision to write notes about a call right after as a memo/in my diary?

If so, how does this relate to having my secretary record the conversation in shorthand while listening furtively to the conversation?

Replies

jsw97 • today at 12:27 PM

Not sure why my comment merited a downvote. In any case, quoting from Mass law:

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Cha...

    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.

    The term ''contents'', when used with respect to any wire or
    oral communication, means any information concerning the identity
    of the parties to such communication or the existence, contents,
    substance, purport, or meaning of that communication.
If you get content, useful or otherwise, from the recording, you are violating the law. Unless you fall under one the exemptions, which you probably don't.

So first question, "devise a mechanical device" -- violates. Second, "write notes", no. Third question, "secretary record" -- no.

➕ show 3 replies