I’m interested in Massachusetts audio recording law as it might relate to making receiving a mobile phone call while engaged in a communication/ conversation. Does the law only protect a party to a conversation, not a party to overheard oral conversation?
Welcome to the forum!
I’m not entirely clear on what you’re asking here.
It sounds like you’re saying Person A receives a phone call from Person B and Person C, who’s standing near Person A, but not a party to the call, records the conversation. If so, this would still violate Mass law according to http://www.dmlp.org/legal-guide/massachusetts-recording-law -
Massachusetts makes it a crime to secretly record a conversation, whether the conversation is in-person or taking place by telephone or another medium. See Mass. Gen. Laws ch. 272, § 99. Accordingly, if you are operating in Massachusetts, you should always inform all parties to a telephone call or conversation that you are recording, unless it is absolutely clear to everyone involved that you are recording (i.e., the recording is not “secret”).
I’m asking if during a telephone call in which a voicemail is made and the voice mail capture an oral conversation overheard is that voice mail a violation Massachusetts law considering the law only protects parties in the telephone call from each other it does not protect someone not engaged in phone call. It seems to me it would be unlawful for anyone to make recieve phone call including voice mail if someone’s oral conversation might be overheard recorded. Massachusetts law ignores reasonable expectation of privacy so any “secret” recording of anyone would be a violation even in a crowded room. Let me know if I’m just imagining the law is too Draconian.