It’s Still Illegal in Massachusetts to Record This Without Consent
Massachusetts has plenty of goofy, outdated, and plain old weird laws that are technically still on the books even though if you break them, there likely won't be a penalty. For example, Massachusetts has a law against defacing milk cartons. You can check out that one by going here. In addition, Massachusetts has a strange gorilla transportation law which actually may not be that weird when you dig deeper into it which you can do by going here. There are a number of Massachusetts laws that will have you scratching your head and you can check out 31 of them by going here.
One Massachusetts Law That Makes Sense is the Conversation Recording Law
Though Massachusetts has some bizarre laws, there are other laws that perfectly make sense. One law that anybody who works in radio can relate to is the old recording a conversation law. In Massachusetts as well as many other states if you record somebody's conversation, you need to get that person's permission before doing so. That's why when radio stations conduct contests, they will let callers know that they are recording their phone call conversation and it will be played on the air.
In addition, many stations will run contest promos, letting listeners know that if they win/qualify in a contest, their conversation is going to be recorded and bits of the phone call will air. If the stations did not let the caller know about this ahead of time, the station could find itself in some legal hot water. Of course, if the listener doesn't want their voice on the air or their conversation recorded, it's within their legal right to object.
Here's some additional information from the Reporter's Committee regarding this conversation law
Massachusetts prohibits the recording, interception, use or disclosure of any conversation, whether in person or over the telephone, without the permission of all the parties. The state also prohibits the recording and disclosure of images intercepted in violation of its hidden camera laws. Violators can face both civil and criminal penalties.
There you have it. Next time you record a conversation make sure you inform all parties that are involved in the conversation.