KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** audio recording May 19, 2025 ********************* audio recording ********************* Ken, We have a customer we did a camera system for recently. She is now requesting we install equipment to allow her to recorder audio outside her place of business. Is recording outside your home/business/public spaces allowed in Massachusetts? Jason ******************** Response ******************** It's illegal to mechanically intercept, listen to or record audio without consent just about everywhere, which includes the great state of Massachusetts. States are either one party or all party consent, which means exactly what it sounds like. The problem with recording the public is that they, at least all of them, haven't consented to the interception of the audio. Bottom line is that you can't do it. That doesn't mean you can't install it. The Commercial All in One and the Residential All in One, which cover all security systems, warns the subscriber to use all security equipment lawfully. Subscribers run afoul of the law with cameras and audio. Even with the warning however I don't think you should be installing cameras in obviously prohibited areas, especially covert cameras, and you should also be cautious installing audio if you have any idea it can not be used lawfully; and therefore any use will likely be unlawful. Even if the criminal prosecution doesn't reach you there could be civil exposure and negatively publicity that could impact your reputation. ******************* STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
