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Jean v. Massachusetts State Police
Jean v. Massachusetts State Police, 492 F.3d 24 (1st Cir. 2007) is a case concerning the legality of posting a video on the internet obtained by another source through illegal means, which in this case involve use of a nanny cam to record others. The plaintiff filed for a permanent injunction against the defendants, who issued a cease-and-desist order regarding a video posted on the plaintiff's website. The defendants claimed the video was in violation of Massachusetts law M.G.L c 272 § 99, which defines the secret recording of audio without the consent of the persons recorded as interception, and subject to prosecution as a felony due to the presence of audio in the videorecording. The court's decision drew heavily off of previous court case Bartnicki v. Vopper. The court's decision held that it was legal to post such a video which was lawfully obtained from another, especially regarding a matter of public concern.
==Background==
Mary Jean, a local political activist in Worcester, Massachusetts, maintained a website displaying articles and other information critical of former Worcester County District Attorney John Conte.〔(Jean v. Massachusetts State Police Appeal )〕 (The site, Conte2006.com, is no longer in operation.) In October 2005, Paul Pechonis contacted Jean, who he had not previously met. Pechonis explained that on September 29, 2005, he was arrested at his home for a misdemeanor, after which the police proceeded to conduct a warrantless search of his home. The search was captured on Pechonis’ child security system, or “nanny cam.” 〔(The Citizen Media Law Project: Massachusetts State police v. Jean )〕 It was not resolved whether the recording was intentional or accidental. He offered the recording to Jean, who posted it to her website on January 29, including an editorial comment critical of Conte’s performance in office. During the court proceedings, it was assumed that when Jean accepted the tape, she had reason to know that it had been illegally recorded.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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