Waltham, MA Privacy & Surveillance: Recording & Consent Laws (2026)

Massachusetts General Laws Chapter 272 §99, often called the Massachusetts Wiretap Statute, is one of the strictest recording laws in the United States. It makes it a felony to willfully commit an interception, attempt to commit an interception, or procure any other person to commit an interception of any wire or oral communication. The law applies to: telephone calls, in-person conversations, and electronic communications. A key distinction in Massachusetts law: the statute prohibits 'secret' recording rather than requiring 'consent.' The practical difference is that recording is permitted when all parties are aware of the recording, even if they don't expressly agree. However, courts have not consistently drawn this distinction, and the safest approach is to obtain affirmative consent. All parties must be aware: you cannot secretly record a conversation in Massachusetts, even if you are a participant. This contrasts with the majority of states that follow one-party consent rules. The felony penalty is notably severe: up to 5 years in state prison and/or $10,000 fine. This makes Massachusetts one of only a handful of states where illegal recording is a felony rather than a misdemeanor. Important exception: the First Circuit's Glik v. Cunniffe (2011) decision established that recording police officers performing duties in public is protected by the First Amendment and cannot be prosecuted under §99. Civil remedies are also available under §99: injured parties can sue for actual damages, punitive damages, reasonable attorneys' fees, and litigation costs. Recordings obtained in violation of §99 are inadmissible in Massachusetts courts.