https://www.rcfp.org/reporters-recording-guide/massachusetts...
https://www.rcfp.org/reporters-recording-guide/massachusetts...
Hm. Will a T-shirt with “my phone is recording everything” be enough?
Interesting- secret recording is punished more severely than use of such recording. Logic?
Also, the difference between image and sound recording. Secret image recording in public space is basically ok, while sound recording is not. That probably is caused by a wide availability of photo cameras, with known “fair uses”.
You must get their consent. T-shirts say lots of things that are hyperbole or bluster. Like "official boob inspector" is not generally understood to mean that you're announcing you literally are a licensed doctor.
The article cites law, like with recent court cases. Let me add the exact court case they cite:
The law only applies to secret recordings, however, so affirmative consent is not necessary when all parties are aware of the recording. Curtatone v. Barstool Sports, Inc., 169 N.E.3d 480, 483 (Mass. 2021).
I am not trying to inform others of recording, actually, by my T-shirt sign. I trying to protect myself against the wrong law. If I was a lawmaker I would probably make all recording in public spaces legal. But if use of recording inflicts harm on you - you should be allowed to sue for damages. Probably you are already allowed anyway.
Again: a harmful use of recording without concent or notification should be punished, not the recording itself. I think.
Edit: I should add that in some of those states, it would still be permitted to record others in public without consent, where there's no reasonable expectation of privacy (e.g. a coffee shop or gas station).