Adding audio to survelliance system

[tuckerm]

I clearly stated what got "my ire" up. Reread my post.

Giving out blatantly incorrect infomormation based upon something one hears or "experiences" in another state is far from helpful, especially when what L4T was suggesting is a pretty serious crime in Mass.

Quite frankly, I am amazed at your gall to interject yourself into a conversation for no purpose other than to chastise other members...of course, it did come to my notice that you have yet to offer any valid legal advice to the poster (or any other, for that matter) as well.

hmmm.....now this is "the pot calling the kettle black..."
And, I would never "offer any valid legal advice to the poster", as I am not qualified to do so. I am here to read and learn.

 

[Caveman]

This is fun, do I have your guys permission to record this?

 

[mommyof4]

This is fun, do I have your guys permission to record this?

Well, is it legal where you are????

 

[mommyof4]

hmmm.....now this is "the pot calling the kettle black..."
And, I would never "offer any valid legal advice to the poster", as I am not qualified to do so. I am here to read and learn.

Do you have anything to offer that is relevant to this forum or topic?

Didn't think so.

 

[Just Blue]

Baystategirl and Mommyof4:

What in the world got your ire up? Looking4trth was offering his/her personal experience, in an apparent attempt to help. It might not have pertained directly to the situation that the op was experiencing, but it may have been useful nontheless. I would suspect, baystategirl, that somewhere in your 5,864 posts you may have done the very same thing....

Just stating this, because as a new participator to this board, and one who enjoys reading many topics and posts, I was startled by the pompousness shown here.

Beth

What got my ire up?? Can you read? The OP had been answered and made aware, that to record in Massachusetts, without the consent of ALL parties, is VERY much against the law.

looking4trh pipes in to say " Why can't you record audio on your own private property?" BECAUSE IT IS ILLEGAL IN MASSACHUSETTS!
Her/His/Its post was misleading and contributed NOTHING to the OP but could only confuse the issue, which had ALREADY been resolved with the legal answer!
Arizona laws have nothing to do with Massachusetts at all! If a member can't answer the question with STATE SPECIFIC answers they should refrain from answering. Period!

And in my 5,865 posts I have indeed made a mistake ...or two...or even three...I have also had the grace and the brains to apologize to the OP and admit my error rather than replying with some dumba$$ comment about the first amendment! I also learned from my mistakes to be more careful...hence I am still here while looking4trh will most likely be banned for giving out misleading advice...because despite what she/he/it may think, the first amendment does not protect her/him/it in this forum.

 

[Caveman]

Well, is it legal where you are????

It is when I ask permission and that is what I did.


This is just getting yummier!

When will people just respond with humour instead of getting all stupidy with their comebacks. I swear I feel I am back in the ice-ages again.

( this was not aimed at you Mammothof4)

 

[mommyof4]

It is when I ask permission and that is what I did.

Ah, ah, ahhhhh......

You asked permission. I didn't grant it. As far as I know, (unless you are having private convos with tuckerm...in which case, I want the tapes) you didn't get any response back from him/her/it.

Oh, and please tell me you are picturing a petite, skinny mammoth.....

 

[Just Blue]

It is when I ask permission and that is what I did.


This is just getting yummier!

When will people just respond with humour instead of getting all stupidy with their comebacks. I swear I feel I am back in the ice-ages again.

( this was not aimed at you Mammothof4)

Was it aimed at me?? Do YOU think I am too harsh?? Please say no....I don't know if I could stand it, if you thought ill of me......

 

[Caveman]

finally

I now have women fawning over me for attention. take that Gecko!

Bay.. stay sharp. Don't be like them, dislike them if you must but pick the fight that matters. I mean is it a Rex or a rat? really?.. Just don't waste your precious words.
Don't clone don't condone and tell me you are still alone.

Momof4... Mammoths of all sizes are beautiful. You know that.

Please someone have tape on this!

Gecko eat your aussy heart out.

 

[donovanatee]

What is ambient noise?

I am not talking about recording "conversation" with my neighbors. I don't speak to them.
I'm talking about recording audio in addition to the video of activity on my property.
Dogs barking, loud cars with booming stereos driving by, etc..

We drive home at night and the neighbor screams obscenities, etc... that can be heard all over the neighborhood. We don't respond. It's not a "conversation".

I am also curious to the difference between this type of video & audio recording and the
video/audio I record for local news sites and post on you tube. I taped an arrest yesterday of a drunken woman who hit a car and took off right in front of me.
I got a call that she had been stopped about a mile away, recorded the scene, and posted the video with the audio on the news site. I didn't get "permission" from the cop or the drunk when I recorded the arrest.

What's the difference in these scenarios?

I would appreciate a courteous answer, even if you think my questions are "stupid".
Thanks.

 

[donovanatee]

And let me add to this by saying: They WILL prosecute! You will go to jail! Massachusetts takes this very seriously!

I don't mean to be rude, but these people have engaged in all manner of criminal activity and I have proven it with video recording. Because it is considered a neighborhood dispute, nobody is taking it seriously, and nobody is going to jail. They are being prosecuted in the criminal and civil courts. The district attorney told me
that they are so busy prosecuting thieves, drug dealers, stabbers, shooters, rapists and the like, that court is not the place to settle neighbor disputes. He specifically said that
"nobody's going to jail" over these things.

I have heard different opinions from a variety of attorneys, all who cautioned that they were not experts in this area of law. Some believe that it is not as cut and dried as
you seem to think. I only want to prove to the police that I am not lying. If I could stop the whole "he said, she said" thing, I believe the neighbors would cut the crap.
That's all I'm trying to do. My children are young and get very upset by the hostility.

 

[quincy]

Donanvanatee - In Massachusetts, it is illegal to audio tape anyone without their permission. If you set up an audio system in your yard and happen to pick up their conversation, you can be sued. If you try to use it in court to prove how loud they are, you can be sued. Your neighbors, whether you like it or not, have a reasonable expectation of privacy on their property. The audio tape, unless you want to be sued, is not wise.
Have you checked noise ordinances in your community? Most areas have them. File a civil suit, if you have to, charging them with violating a noise ordinance.
As for your "news videos", there is a whole different set of rules set up for journalists, but even if you are a journalist, you can be sued for invasion of privacy. News organizations have legal teams to make sure they are not violating any privacy laws, but they also have the means to defend themselves in court should someone sue.
Your You Tube video can get you sued, as well, if the woman sobers up enough to view it.
I think, if the police are not responding to your pleas for help, then file suit against these neighbors, have other neighbors testify to the disturbances you are experiencing, get copies of the police reports you have filed, and then spend several years and lots of money and see how it all turns out.
And, if you insist on audio taping, you will probably be put in jail, and that will eliminate all of your problems, because jail will probably be a lot quieter.

 

[Orcons]

Return with us now to the original questions posed ...

The law is linked here: http://www.mass.gov/legis/laws/mgl/272-99.htm

It appears that what is illegal is "interception" which is defined as follows

4. 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; (goes on to make an exception for law enforcement ...)

You would have to look up relevant cases to see how this is interpreted. For example, if the OP posts warnings on his property, visible to anyone who might be in earshot, is it no longer secret (and hence legal)? (Similarly, is his video of a traffic stop allowed as it is clearly visible and known to anyone being taped?). And, would the mere threat of recording shut the neighbors up, since I assume that is what the OP wants?

I will let the OP or someone else look up the case law but it may not be as cut and dried as first reported.

 

[quincy]

With all due respect, Orcons, the statute you quoted has been quoted 3 times already in this thread. The statute is carefully worded and unambiguous and lists no exceptions for a private individual. Secret tape recording has been unequivocally banned in Massachusetts. The first case involving tape recording that comes to mind is Commonwealth vs. Michael J. Hyde, with Michael Hyde, who had hidden a recorder and taped an oral communication, winding up being convicted of 4 counts of violating the statute prohibiting the intentional interception of any oral communication. I am sure there are many many more. Massachusetts is very serious about privacy rights.
You are probably right that donavanatee could go to his neighbors and say, "I am going to tape record you. Is that OK?" and if they said, "Yes" then he could legally record them at that particular time. Maybe he could even get them to scream and yell just for the recorder. I don't think, however, threatening to do anything to them is a wise idea.
As for the posted notice, it is a suggestion I made as a joke to someone once....I honestly doubt it would help donavantee avoid prosecution for audio taping, especially with his trail of police reports against these people already. He could always check with the city on that, though.
And as for the video he took of an accident involving a drunk woman? Unless he disguised her identity, he can be sued. Period.
(and this is the very snippiest I have ever been on this site, so I apologize - but a lot of this is re-hash)

 

[Just Blue]

With all due respect, Orcons, the statute you quoted has been quoted 3 times already in this thread. The statute is carefully worded and unambiguous and lists no exceptions for a private individual. Secret tape recording has been unequivocally banned in Massachusetts. The first case involving tape recording that comes to mind is Commonwealth vs. Michael J. Hyde, with Michael Hyde, who had hidden a recorder and taped an oral communication, winding up being convicted of 4 counts of violating the statute prohibiting the intentional interception of any oral communication. I am sure there are many many more. Massachusetts is very serious about privacy rights.
You are probably right that donavanatee could go to his neighbors and say, "I am going to tape record you. Is that OK?" and if they said, "Yes" then he could legally record them at that particular time. Maybe he could even get them to scream and yell just for the recorder. I don't think, however, threatening to do anything to them is a wise idea.
As for the posted notice, it is a suggestion I made as a joke to someone once....I honestly doubt it would help donavantee avoid prosecution for audio taping, especially with his trail of police reports against these people already. He could always check with the city on that, though.
And as for the video he took of an accident involving a drunk woman? Unless he disguised her identity, he can be sued. Period.
(and this is the very snippiest I have ever been on this site, so I apologize - but a lot of this is re-hash)

Quincy...If this is what you consider "snippy"...You have nothing to worry about!!


And you are dead-on accurate in your assessment of Ma. Law in this manner...