Massachusetts Wiretap Statute Isn’t Preempted

Although the Massachusetts wiretap statute differs from the federal Wiretap Act in that it was not amended to address cellular communications and text messages, it nonetheless provides no less protection than the federal statute and, therefore, is not preempted by it, the Massachusetts Supreme Judicial Court held Aug. 9. (Commonwealth v. Moody, Mass., No. SJC-11277)

The defendants in this case sought suppression of the fruits of state-issued warrants authorizing the interception of calls and text messages sent over their cellphones. They argued that the interception of these forms of communication was beyond the scope of the state statute, ...