Anthony McIntyre has been granted leave to seek a judicial review of the decision by police to issue a letter requesting the confidential recordings.
The PSNI wants the Boston College material as part of their investigation into alleged terrorist offences.
A full hearing is expected to take place in November.
The PSNI and Public Prosecution Service have issued an International Letter of Request (ILOR) in relation to the recordings.
It sets out the alleged offences being investigated including a bomb explosion at Rugby Avenue in Belfast in 1976 and membership of a terrorist organisation.
Senior judges at Belfast's High Court on Monday ruled they were not yet satisfied information in the request had been "scrupulously" examined.
Mr McIntyre's lawyers said he was the victim in the bombing and he was acquitted of the membership charge.
Ronan Lavery QC said: "The letter itself is replete with errors, which we say are misleading and require an explanation."
Mr McIntyre, who is from Belfast but now lives in the Republic of Ireland, was jailed for murder in 1977.
Now an academic, he was one of the main researchers on Boston College's oral history project on the Troubles.
Dozens of loyalist and republican paramilitaries gave candid interviews on the understanding their account would only be made public after they died. The interviews have become known as the "Boston Tapes".
Detectives have previously won legal battles to secure the transcripts and tapes of interviews given by former IRA woman Dolours Price and ex-loyalist prisoner Winston "Winkie" Rea.
A subpoena seeking copies of Mr McIntyre's interviews has been served on Boston College by the British government, and the ILOR is part of this.
Mr McIntyre's lawyers say the tapes only contain details of offences for which he had already served a prison sentence.
Lord Justices Weatherup and Weir heard that Boston College had released the tapes to the US authorities.
They stressed that if PSNI officers travelled to Massachusetts to retrieve the recordings, they must remain under seal and be stored with the court until the challenge was decided.

Discovered on land at North Elmham, near Dereham, the circa 600 AD coin was created by French rulers of the time to increase their available currency.
Adrian Marsden, finds officer based at Norwich Castle Museum, said the object was probably buried with its owner.
The pendant was declared treasure by the Norfolk coroner on Wednesday.
Mr Marsden added: "This is an early copy of a Byzantine gold coin made in France.
"The Merovingians [French rulers] created copies of Byzantine coins from their bullion as there wasn't enough coinage coming in from the eastern Roman empire. How many of these copies were 'official' currency is hard to say."
The 23.5mm diameter pendant, created from an imitation of a gold solidus of emperor Maurice Tiberius (582-602 AD), features a suspension loop with three longitudinal ribs having been soldered to the edge of the coin immediately above the emperor's head.
"What's interesting is you have somebody in France copying a Byzantine coin which then also followed the trend of turning it into jewellery."
Mr Marsden said the coin was likely to have come to England as a result of export trade at the time.
"We see very few of these so it's an interesting find and one that we will hope to acquire for the Norwich Castle Museum collection."
Other items declared treasure at the coroner's inquest include an early-medieval Carolingian-style silver mount found in Barnham Broom, a hoard of 150 Roman coins discovered in Quidenham and an early-medieval biconical gold bead which would have been worn on high-status necklaces.
An ex-IRA man has won the first step in a legal battle to stop police accessing interviews he gave to a US university about his paramilitary activities.
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An early-medieval gold pendant created from an imitation of a Byzantine coin that was found in a Norfolk field is a "rare find", a museum expert has said.