Massachusetts's wiretapping law is a "two-party consent" law. Massachusetts makes it a crime to secretly record an in-person or telephone conversation without the consent of all parties to the conversation. See MGL 272, § 99. If you are in Massachusetts, you should always get the consent of all parties before recording a telephone call or conversation, unless it is absolutely clear to everyone involved that you recording (i.e., it is not "secret").
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My colleague found the correct statute and is giving good advice. Here's a link to the statute to see for yourself: http://www.malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section99. Look at number 4, which is the definition of "interception."
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As Mr. Mason correctly notes, you don't have the right to make any such recording without the consent of the other party or unless it's obvious that a recording is being made. Criminal charges can be brought if you violate this law.
I suggest you take very careful HANDWRITTEN notes as soon as possible after you witness the offensive conversation. Remember, your work computer is not yours and anything you type into it can be read by your employer.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.Ask a similar question
The answers you have received direct you to the law, however, the statute does not require consent. It prohibits the secret recording of conversations. The other party does not need to give permission to be recorded. The recording cannot be done without their knowledge.
It is illegal to record someone's conversation without their knowledge.
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