Massachusetts

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Mass. Ann. Laws ch. 272 , § 99: It is a crime to record any conversation, whether oral or wire, without the consent of all parties in Massachusetts. The penalty for violating the law is a fine of up to $10,000 and a jail sentence of up to five years.

Disclosure of the contents of an illegally recorded conversation, when accompanied by the knowledge that it was obtained illegally, is a misdemeanor that can be punished with a fine of up to $5,000 and imprisonment for up to two years. Civil damages are expressly authorized for the greater of actual damages, $100 for each day of violation or $1,000. Punitive damages and attorney fees also are recoverable.

Published Winter 2003. © The Reporters Committee for Freedom of the Press, 1815 N. Fort Myer Drive, Suite 900, Arlington, VA 22209. (703) 807-2100