Although not cited very often, the “rule of lenity” is occasionally used by a court as a last resort to decide a case when it cannot determine the legislative intent of a statute. Under the rule, if the court cannot ascertain the intent of the Legislature using all the ordinary rules of statutory construction, “the defendant is entitled to any rational doubt.” The Supreme Judicial Court of Massachusetts has recently used the ultimate refuge to decide whether two hospitals have violated the wire tapping prohibitions of state law when a patient claimed in separate suits that the hospitals had illegally “intercepted” her “communications” with the hospitals’ websites and sold the information to...