Section 99. Interception of wire and oral communications.—

A. Preamble.

The general court finds that organized crime exists within the commonwealth and that the increasing activities of organized crime constitute a grave danger to the public welfare and safety. Organized crime, as it exists in the commonwealth today, consists of a continuing conspiracy among highly organized and disciplined groups to engage in supplying illegal goods and services. In supplying these goods and services organized crime commits unlawful acts and employs brutal and violent tactics. Organized crime is infiltrating legitimate business activities and depriving honest businessmen of the right to make a living.

The general court further finds that because organized crime carries on its activities through layers of insulation and behind a wall of secrecy, government has been unsuccessful in curtailing and eliminating it. Normal investigative procedures are not effective in the investigation of illegal acts committed by organized crime. Therefore, law enforcement officials must be permitted to use modern methods of electronic surveillance, under strict judicial supervision, when investigating these organized criminal activities.

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Martha Coakley looking disapproving

Martha Coakley Disapproves of the Internet

If you’re concerned about your personal security, be sure to check these three articles of the upcoming Mass. Wiretapping Bill.

With increasing coverage by local bloggers and alternative media, as well as not one but two bills in the works to counter our beloved AG’s proposal; this spring should be interesting on Beacon Hill!

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The Commonwealth of Massachusetts
In the Year Two Thousand and Thirteen

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 99 of chapter 272 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out subsection A.

SECTION 2. Subsection B of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out the definition of “wire communication” and inserting in place thereof the following definition:-

1. The term “wire communication” means any transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of such communications and shall include: any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, but shall not include: (i) any communication made through a tone-only paging device; (ii) any communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object; or (iii) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds.

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Why you should oppose the AG’s Mass. electronic wiretapping bill

Via Posted on February 9, 2013 by jokeefe

Here is the video from my appearance on the Two Hot Heads show on Unregular Radio. Alex Marthews from the Campaign for Digital Fourth Amendment Rightsjoined me to discuss the No TSA on the MBTA march and rally as well as Mass. electronic wiretapping bill the AG submitted to the Mass. legislature. Alex posted atranscript some of the discussion. Thanks to Mike Cann and Heather Mack for having us on.

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Security Theater on the T: Demonstration Condemns Random Bag Searches

by Alex Marthews on February 4, 2013

On Saturday, a new civil rights group called “Defend the 4th” conducted a successful protest against the TSA. Despite the bitter cold, over 200 people turned out, marching from various points on the MBTA system and congregating on Boston Common. People attending included folks from Anonymous, Occupy Boston, the Pirate Party, the Republicans, the Ron Paul folks, the Socialists and a most righteous quantity of press organizations. Congratulations to organizers Garret Kirkland, Tamarleigh Grenfell, Frank Capone, Petey Bouras, Elvis Rodriguez and Joshua Chance Scafidi.

I was impressed to see that even in the depth of winter, 150 people in the Boston area were willing to turn out to defend the Fourth Amendment. That’s the equivalent of 1,500 in the summer.

Read full article here

TSA out of MBTA on “Banned in Boston”


Nelson Terry, Rene Perez and Garret Kirkland on the January 31, 2013 episode of "Banned in Boston."

Nelson Terry, Rene Perez and Garret Kirkland on the January 31, 2013 episode of “Banned in Boston.”

John Ford, Rene Perez, Nelson Terry and I had a good time making last night’s “Banned in Boston.” That’s despite tackling such weighty topics as armed Federal agents conducting random bag searches in the subway system and the possibility that Queen Elizabeth II and George W. Bush are reptilian aliens who intentionally want tar sands pipelines to destroy Earth’s current ecosystem.  Garret Kirkland was in the studio with us, and Ruth Garcia joined us for the end.  A direct link to the January 31, 2013 episode is here.

[View the story “Tweets and links from the show” on Storify]

“I Took part in a protest on 2/2/13 called TSA out of MBTA Day of Action. We came to raise awareness of the TSA being used to conduct searches in the subways of our city. I, as the rest of the people you will see, believe this is a violation of the 4th Amendment of the US Constitution. We Hope you will take the time to hear our message, and pass it to your friends and family who love their freedom.” – Sean Typhon