Friday, November 6, 2020

Can Two-Party Consent to Record be Obtained Using a False Persona?

Massachusetts' top appellate court said it will review a case over whether a recorded telephone interview between a Barstool Sports podcast host and a local city mayor runs afoul of a law prohibiting secret recordings if one party fraudulently obtains consent for taping...

Having been denied an interview with Curtatone about the mayor's comments on the issue, Minihane tried again, this time claiming to be Boston Globe columnist Kevin Cullen, according to the suit. Minihane, posing as Cullen, was granted the interview, in which he told the mayor he was recording...

Barstool and Minihane's attorney Aaron Moss of Greenberg Glusker LLP said in a statement Thursday that he is confident the SJC will reject Curtatone's arguments and uphold the lower court's ruling. 

"The Massachusetts Wiretap Act is crystal clear that it only prohibits secret recordings. If a recording isn't secret, the question of consent is irrelevant," Moss said. more

Interesting question. How would you decided?