Rep. O'Flaherty Files Update to Wiretap Law

[UPDATED Thursday, April 4, 1:14 p.m. for minor correction]

Charlestown State Rep. Eugene O’Flaherty recently teamed up with Massachusetts Attorney General Martha Coakley and state law enforcement officials to file legislation that will update the state’s wiretap law.

The bill seeks to update and modernize the statute, which has remained unchanged since 1968, according to a press release from O’Flaherty, who is sponsoring the bill in the House.

“Technology, and the criminal organizations that use it, has changed and we must work with our partners in law enforcement to provide them the tools they need to effectively prosecute those elements that work to undermine our public safety,” O’Flaherty said. “I look forward to accomplishing this with the help and support of my colleagues this legislative session.”

Along with representing the Second Suffolk District, O’Flaherty serves as chairman of the House Joint Committee on the Judiciary, a position he has held since 2002. 

O'Flaherty and other proponents say the legislation will help bring the state’s wiretapping laws into the 21st century.

“This legislation will help better equip law enforcement with the investigative tools needed to reduce gang and gun violence on our streets,” Coakley said. “The update to this law is also vital to address the changing nature of technology and the evolution of our criminal statutes. We want to ensure that law enforcement has the best tools at its disposal to keep up with those who exploit technological advances for criminal activities.”

The new legislation clarifies when a wiretap may be sought while maintaining judicial approval requirements. It also updates the definition for “wire communication” to ensure that all forms of wire communications are covered no matter how technological devices change over the years.

“The legislation also includes the new crimes of human trafficking, gaming, child pornography, money laundering, and enterprise crime in the list of crimes for which a wiretap may be sought,” according to the press release. “Additionally, the bill extends the possible term of a wiretap to 30 days, from 15 days currently, to be consistent with federal law."

Boston Mayor Thomas Menino said the updates would aid law enforcement in their work.

“Our officers should be able to utilize these surveillance tools to investigate violent crimes. An update to the wiretap law is long overdue and these changes will go a long way in getting illegal guns, drugs, and harmful individuals off our streets and out of our neighborhoods,” Menino said.

The legislation was filed Jan. 18 and has also been endorsed by Boston Police Commissioner Ed Davis, the Massachusetts Chiefs of Police Association and the Massachusetts Major City Chiefs Association, along with other legislators and state officials.