Is it illegal for someone to make an audio recording of someone without their knowledge?

Note:
The audio recording is made from a "hidden device" (pretty much its hidden or its not something you would normally expect to be a recorder)
This is within the state of Massachusetts and New York
This is an audio recording made in the physical presence of the person and the person recording is a part of the conversation being recorded

While the U.S. federal law only requires one-party consent, many states have accepted different laws. In some states all parties must give their consent or at least be notified that the call is about to be recorded (with necessary opt-out option: if you don’t like them to record the call, you can ask them to stop recording). There also was a case law decision from many years ago (the 1950′s) that went to the Supreme Court and affirmed that the federal law does not supersede state authority/statutes unless the call or the tap crosses state lines – that is why each state went ahead and established their own guideline/statute.

UNFORTUNATELY MASS DOES NOT HAVE A ONE-PARTY CONSENT. HOWEVER, NEW YORK DOES.

2 Responses to “Is it illegal for someone to make an audio recording of someone without their knowledge?”

  • yugiraphael says:

    While the U.S. federal law only requires one-party consent, many states have accepted different laws. In some states all parties must give their consent or at least be notified that the call is about to be recorded (with necessary opt-out option: if you don’t like them to record the call, you can ask them to stop recording). There also was a case law decision from many years ago (the 1950′s) that went to the Supreme Court and affirmed that the federal law does not supersede state authority/statutes unless the call or the tap crosses state lines – that is why each state went ahead and established their own guideline/statute.

    UNFORTUNATELY MASS DOES NOT HAVE A ONE-PARTY CONSENT. HOWEVER, NEW YORK DOES.
    References :

  • brenda_clovis b says:

    No matter what people say, Yes, you can record someone without their knowledge. The biggest line on your statement is "in our home". Since this is your home, you have the right to record everything that goes on there, including her. While our reasonble expectation to privacy is highest when we are in our homes, if more than one person lives in the home, it isn’t as high as if you lived alone. The police would even be able to record everything in your home without her knowledge. Since you both are in the home, only one person must give consent for taps, surveillance equipment, etc. If the other one in the home doesn’t know, it does not matter.
    References :
    you can get much information in this website
    http://alllinthis.blogspot.com