144 lines
6.3 KiB
Plaintext
144 lines
6.3 KiB
Plaintext
![]() |
|
|||
|
Wiretapping and Eavesdropping: Is There Cause for Concern?
|
|||
|
|
|||
|
* * * * * * * *
|
|||
|
The Privacy Rights Clearinghouse is a nonprofit consumer education
|
|||
|
service funded by the California Public Utilities Commission through
|
|||
|
its Telecommunications Education Trust. It is administered by the
|
|||
|
University of San Diego School of Law's Center for Public Interest
|
|||
|
Law.
|
|||
|
* * * * * * * *
|
|||
|
|
|||
|
While relatively few legal wiretaps are authorized in the United
|
|||
|
States each year, improvements in technology have made it easier to
|
|||
|
illegally wiretap, record and eavesdrop on telephone conversations.
|
|||
|
People with sensitive jobs in business or government and those
|
|||
|
involved in high-stakes legal cases may have reason to be concerned
|
|||
|
about wiretapping and electronic eavesdropping.
|
|||
|
|
|||
|
What can I do if I think my phone is tapped?
|
|||
|
|
|||
|
If you think your phone line is wiretapped, call your local phone
|
|||
|
company. Most phone companies will inspect your lines for wiretap
|
|||
|
devices free of charge. If a tap is found, the phone company will
|
|||
|
check to see if it is authorized. The phone company will alert you
|
|||
|
if the wiretap is illegal. It will also notify law enforcement and
|
|||
|
remove the device. However, you will not be notified if the wiretap
|
|||
|
is legal, made by law enforcement and authorized by a court.
|
|||
|
|
|||
|
Many people think if they hear noises on the phone line, like
|
|||
|
clicks, static or voices, that the line is being tapped. Most
|
|||
|
wiretapping devices emit no audible sounds. If you hear others
|
|||
|
talking on your phone, you may simply be experiencing "crosstalk,"
|
|||
|
a common phone problem. If you hear crosstalk or other sounds, call
|
|||
|
your local phone company's repair service and ask it to investigate
|
|||
|
the problem. Cordless telephones also may pick up others'
|
|||
|
conversations. This can happen if you and a neighbor have cordless
|
|||
|
phones which are tuned to the same channel.
|
|||
|
|
|||
|
Are there products I can buy to find out if my phone is tapped?
|
|||
|
|
|||
|
Devices can be purchased which claim to detect phone taps. You can
|
|||
|
find them at electronics shops and through catalogs and magazines
|
|||
|
that cater to private investigators and security services. Let the
|
|||
|
buyer beware. Experts say that many wiretaps, especially legally
|
|||
|
authorized taps, are almost impossible for phone users to detect.
|
|||
|
|
|||
|
If someone illegally taps my phone, what can I do?
|
|||
|
|
|||
|
If you discover that someone has intentionally intercepted your
|
|||
|
private phone conversations, you may be able to take legal action.
|
|||
|
If you or the phone company find an illegal tap, you should notify
|
|||
|
law enforcement. In addition, you may want to consult an attorney.
|
|||
|
|
|||
|
Who can legally monitor phone conversations?
|
|||
|
|
|||
|
Federal and state law enforcement can request authority to tap
|
|||
|
telephone lines. They must show "probable cause" to a Superior Court
|
|||
|
Judge, the Attorney General or the Chief Assistant Attorney General
|
|||
|
of the Criminal Law Division. "Probable cause" is essential, and no
|
|||
|
tap can be authorized without it. In 1991, the number of
|
|||
|
court-authorized wiretaps approved by federal and state government
|
|||
|
entities totalled 856.
|
|||
|
|
|||
|
Telephone company employees may listen to your conversations when it
|
|||
|
is necessary to provide you with service, to inspect the telephone
|
|||
|
system or to monitor the quality of telephone service. Also,
|
|||
|
employers may monitor and even record their employees' phone
|
|||
|
conversations with few restrictions. (See the Privacy Rights
|
|||
|
Clearinghouse fact sheet "Employee Monitoring: Is There Privacy in
|
|||
|
the Workplace?")
|
|||
|
|
|||
|
Is it legal to tape record telephone calls?
|
|||
|
|
|||
|
California law does not allow tape recording telephone calls unless
|
|||
|
all parties to the conversation consent. Federal law, however, is
|
|||
|
less restrictive. It requires only one party to a conversation to
|
|||
|
agree to tape record a call for the recording to be legal. It is not
|
|||
|
always clear which law, state or federal, applies to specific
|
|||
|
situations. This determination depends on where the call originates,
|
|||
|
why the recording is being made and who places the call. To stay
|
|||
|
within the law, you may wish to refrain from taping calls you make,
|
|||
|
but be aware that in certain situations others may be recording your
|
|||
|
conversations with them.
|
|||
|
|
|||
|
Tape recordings can be legally made if an individual or members of
|
|||
|
one's family are threatened with kidnaping, extortion, bribery or
|
|||
|
another felony involving violence. The person receiving the threats
|
|||
|
can make a tape recording without informing the other party.
|
|||
|
|
|||
|
Are there other ways people may be listening to my conversations?
|
|||
|
|
|||
|
Yes. The determined eavesdropper will find a variety of
|
|||
|
sophisticated electronic surveillance and listening devices on the
|
|||
|
market. Also, radio scanners are available which can monitor
|
|||
|
cordless and cellular phone conversations, baby monitors and home
|
|||
|
intercom systems. (See the Privacy Rights Clearinghouse fact sheet
|
|||
|
"Cordless and Cellular Phones: Is Everybody Listening?") Long
|
|||
|
distance calls which travel by microwave or satellite links are also
|
|||
|
susceptible to monitoring.
|
|||
|
|
|||
|
Who are the most common targets of electronic eavesdropping &
|
|||
|
wiretapping?
|
|||
|
|
|||
|
If you are in a position where others might benefit from listening
|
|||
|
to your conversations, you may be a target of electronic
|
|||
|
eavesdropping or wiretapping. For example, if other companies could
|
|||
|
experience financial gain from hearing details about your work, you
|
|||
|
run a higher risk of being wiretapped or "bugged." People involved
|
|||
|
in controversial political activities and high-stakes legal
|
|||
|
proceedings are also at risk of being the target of illegal
|
|||
|
monitoring and eavesdropping.
|
|||
|
|
|||
|
If you believe your phone conversations are being illegally
|
|||
|
monitored, you may want to consult an attorney and/or a private
|
|||
|
investigator. Be sure to check for references and proper licenses.
|
|||
|
Get all fees and conditions in writing before acquiring the
|
|||
|
assistance of a legal or investigative service.
|
|||
|
|
|||
|
For further information
|
|||
|
|
|||
|
California Penal Code sections 629 to 637 contain the state laws on
|
|||
|
wiretapping and recording.
|
|||
|
|
|||
|
For more information on wiretapping and other privacy-related
|
|||
|
issues, contact the Privacy Rights Clearinghouse hotline at (800)
|
|||
|
773-7748.
|
|||
|
|
|||
|
March 1993
|
|||
|
|
|||
|
* * * * * * * *
|
|||
|
Privacy Rights Clearinghouse
|
|||
|
University of San Diego
|
|||
|
Center for Public Interest Law
|
|||
|
5998 Alcala Park
|
|||
|
San Diego, CA 92110-2492
|
|||
|
619-260-4806
|
|||
|
Fax 619-260-4753
|
|||
|
Hotline
|
|||
|
(Calif. only) 800-773-7748
|
|||
|
or 619-298-3396 (all other locations)
|
|||
|
E-mail: prc@teetot.acusd.edu
|
|||
|
* * * * * * * *
|
|||
|
|
|||
|
|