Got That New iPod Nano? You Might Risk Arrest In Massachusetts
from the that's-not-good dept
You may have heard that the new iPod Nano that was just released happens to include a voice recorder among other new features. But if you get one, you might want to be careful how you use it -- especially in certain states, such as Massachusetts. Slashdot points us to a story about a guy who was arrested in a dispute-gone-wrong with a car repair shop, but the really odd part is that beyond disorderly conduct and resisting arrest, the guy was charged with both "unlawful wiretapping and possessing a device for wiretapping." Wiretapping? In a dispute involving a mechanic? Apparently the guy had a simple Olympus digital voice recorder in his pocket, which was on during his argument with the repair shop. And Massachusetts is one of twelve states with a law that forbids taping conversations without the approval of everyone involved. Even if you accept such a law (and it doesn't make much sense to me), the inclusion of "possessing a device for wiretapping" seems really problematic. Digital voice recorders are quite common. Plus, many mobile phones and even cameras include similar things. And, of course, now with the new iPods including that, does it mean it's illegal to carry one in Massachusetts (or those eleven other states) without first announcing it and getting permission? Obviously no one's likely to get arrested just for carrying around an iPod Nano, but the fact that the law makes such a scenario possible demonstrates a pretty serious problem with the law.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: massachusetts, voice recorder, wiretapping
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Calling it a wiretapping law is misleading because it is actually a law governing "Interception of wire and oral communications."
I do not think all parties have to APPROVE of the recording taking place, they must be AWARE of it. So if he had said 'I am recording this conversation' he would have been in the clear.
The Possession of a device for wiretapping charge is ridiculous. In reading the account of the incident it sounds like the guy was a behaving like a total asswipe, and my guess is he pissed the cop off and the cop decided to charge him with everything he could come up with.
and yeah it is a farked up law
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Thanks for clearing that up. I was acutally beginning to wonder how the prosecutor could prove that the wire leading from the defendant was in fact securely anchored in the mechanic's skull.
Even still, it does sound like a mess of a law.
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So if a cop is having a bad day when he catches you jaywalking with your MP3 player, he can slap you with an additional charge, and if you get a judge in a bad mood who refuses to dismiss the charge...
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SOP for criminal law.
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Re: SOP for criminal law.
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Re: Re: SOP for criminal law.
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Re: SOP for criminal law.
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Technology
Especially since tech likes to turn itself on when it's in your pocket. How many times have you gotten a call from someone asking why you called them and didn't say anything?
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Re: Technology
Never. Learn to close your phone?
And every non-flip style phone that I've seen has a locking mechanism to avoid accidental button presses. Use it.
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Re: Re: Technology
For those non-flip phones, maybe it should've been designed so that you must press a certain combination of keys to make a call every time so then there are no more accidents. Except for those times when your butt cheeks press the keys in just the right order...
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Re: Re: Technology
I had a Dell Axim a little while ago. It had a built in voice recorder. To use it you had to unlock it then click a button to bring up the software and again to start recording. Regularly I would see random audio files with just background noise.
Now imagine an iPod nano, a device designed to be small and easily used, in someones pocket.
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Re: Re: Technology
I had my Blue Tooth in my pocket and the button would get pushed if I leaned against things....
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Sigh
Please tell me that guy's name was Dick Cheney. Pretty please?
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Re: Sigh
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Re: Re: Sigh
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Was that a Freudian slip informing us that you're a government employee?
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Other players have built-in Microphone Recorders
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Secondly, the man may have a legitimate memory issue or learning disability, which may be a reasonable accommodation, akin to handicapped toilet requirements, under the ADA act. Then that could be discrimination. Oooh!
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Sensationalize much?
C'mon, Mike, don't be that guy.
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Re: Sensationalize much?
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Re: Sensationalize much?
Seriously though; how is this even newsworthy? Mike seems to be tripping over beach sand and cracks on a resurfaced tennis court in an attempt to connect iPods to questioning legality.
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Is there an exception for dash cameras?
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Re: Is there an exception for dash cameras?
...
c. for investigative and law enforcement officers of the United States of America to violate the provisions of this section if acting pursuant to authority of the laws of the United States and within the scope of their authority.
d. for any person duly authorized to make specified interceptions by a warrant issued pursuant to this section.
e. for investigative or law enforcement officers to violate the provisions of this section for the purposes of ensuring the safety of any law enforcement officer or agent thereof who is acting in an undercover capacity, or as a witness for the commonwealth; provided, however, that any such interception which is not otherwise permitted by this section shall be deemed unlawful for purposes of paragraph ...
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If you don't think it's newsworthy then get lost, and get bent. Simple see? There's no need to waste our time reading your critique of what is or isn't newsworthy. You're just another person who, probably has been targeted by Mike, probably because of your own stupidity, and you are just lashing out. You're a pathetic worm, with no point. How's that sound?
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Wire Tapping Device
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Re: Wire Tapping Device
5. Possession of interception devices prohibited.
A person who possesses any intercepting device under circumstances evincing an intent to commit an interception not permitted or authorized by this section, or a person who permits an intercepting device to be used or employed for an interception not permitted or authorized by this section, or a person who possesses an intercepting device knowing that the same is intended to be used to commit an interception not permitted or authorized by this section, shall be guilty of a misdemeanor punishable by imprisonment in a jail or house of correction for not more than two years or by a fine of not more than five thousand dollars or both.
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Recording vs. playing
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Wiretaps
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Nano voice recording
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Nano voice recording
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One more step . . .
/free us/
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Wire Tapping
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Govenment...
a. Terrorists
b. Unfriendly foreign countries
c. U.S. citizens minding own business.
Of the 3, the government hates its' own citizens the most.
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"Your honor, this person stole a large sum of money from me. He also committed perjury by lying to this court. I could prove beyond a shadow of a doubt that he stole the money and lied about it, only it's illegal for me to do so because I can't legally record his confession."
Yeah, that makes sense...
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The eleven states
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@Runcible:
* California
* Connecticut
* Florida
* Illinois
* Maryland
* Massachusetts
* Michigan
* Montana
* Nevada
* New Hampshire
* Pennsylvania
* Washington
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The story clearly mentions an Olympus product and voice recording is available in thousands of other products too.
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