Bill > S861

This bill proposes to amend existing Massachusetts law regarding the recording of conversations, specifically section 99 of chapter 272 of the General Laws, which deals with wiretapping and electronic surveillance. The key change is the addition of a new paragraph that would allow individuals, who are not acting on behalf of the government ("under color of law"), to record conversations if they are a participant in that conversation, or if another participant has given consent. This is in line with federal law, often referred to as "one-party consent" laws. However, this permission to record would not apply if the interception is done with the intent to commit a criminal or tortious act, meaning an act that is illegal or causes harm, in violation of federal or state constitutions or laws. The bill aims to align Massachusetts law with the federal standard for recording conversations, provided the recording is not for malicious or illegal purposes.