610 lines
33 KiB
Plaintext
610 lines
33 KiB
Plaintext
Wiretap Laws and Surveillance Equipment
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Wiretap and covert surveillance equipment is legally advertised and sold
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"for educational purposes only." That disclaimer protects the seller by
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doesn't mean it's permissible to use them in illegal applications.
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Wiretap equipment ("interception devices") and burglar tools are often
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advertised in survival magazines. If you buy such equipment be careful not
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to get caught with it. In most states, mere possession of these items is a
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felony. In Arizona, both are class 6 felonies.
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My recommendation is, don't buy anything, use it, or carry it if it can get
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you in trouble. If you have it, you'll be tempted to use it -- probably
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without legal sanction. Eventually you'll be caught red-handed. Never use
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such items unless you use them under police supervision.
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When you have a strong lead on an illegal activity, report it to the FBI as
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a partial disclosure and negotiate for rewards. At that time, if they feel
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that wiretaps or lock picks are needed, they may provide such equipment.
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They will also obtain needed warrants and operate the devices.
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A pocketbook called "Prince of the City" contains a lot of information on
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wiretapping, and how New York cops used it illegally, took bribes,
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concealed evidence, and were caught. It's a good example of wiretap abuse
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and the consequences of being caught. Another good pocketbook, "Cop
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Hunter," by Vincent Murano, a retired NYPD detective,is a sequel to
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"Serpico" and "Prince of the City." It's mainly about NYPD's Internal
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Affairs Division (IAD) who ferret out corrupt cops, how undercover cops
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work, and the dangers encountered. The author, Murano, complains frequently
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about the ineffective electronic equipment they use and that undercover
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agents risk their lives with it. With that comment in mind, perhaps Crime-
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Fighters should purchase their own equipment, use it at home, and to become
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familiar with and depend upon. But be sure to obtain legal authorization
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before using use it on a case. If you are found using it illegally (without
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a warrant when a warrant is required) you could be charged with a felony.
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Cordless Telephones
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Newspaper article by John Waggoner, in USA Today, July 30, 1990:
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"IRS cups its ear to cordless phones.
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If you're thinking about declaring a few imaginary dependents this year,
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don't mention it on your cordless phone. The Internal Revenue Service may
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be listening. Under new guidelines for its criminal investigators, the IRS
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can use radio scanners to eavesdrop on suspected tax dodgers while they
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chat on their cordless phones. No warrant is necessary. The IRS policy,
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issued as an update to a handbook for investigators, comes in the wake of a
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recent Supreme Court action.
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The high court declined in January (1990) to review a federal appeals court
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ruling that conversations on cordless phones are not subject to federal
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privacy laws.
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The IRS thinks that since there are no legal or constitutional protection
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against listening in to cordless phones, its agents aren't bound by any
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higher principles," says Janlori Goldman of the American Civil Liberties
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Union's Privacy Project.
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The ACLU has asked Congress to overhaul the 1986 Electronic Communications
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Privacy Act, which extended federal privacy protection to such areas as
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cellular telephones and electronic computer mail -- but specifically
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omitted the emerging technology of cordless phones.
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The current law makes no sense," says Goldman. "If your telephone happens
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to have a cord, your privacy is protected by federal law. If not, you have
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none." Unquote.
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Radio Shack and other companies now have cordless phone Scramblers to solve
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the privacy problem. The hand-held phone has a built-in scrambler that
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transmits garbled info to the base set, which unscrambles it and transmits
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normal conversations over the regular phone line. That eliminates air-waves
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eavesdropping. But, not everyone has them or are aware they're available.
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Cellular Phones
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Cellular phones are the latest target of eavesdroppers. Scanners are
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available on the market, similar to a CB or radio scanner, which seek out
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signals (broadcasts). The scanners automatically tune in and you can listen
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to other people's conversations -- like radio scanners.
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A newspaper article in USA Today (April 20, l990), featured an expose on
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this illegal practice. The article mentioned how David Murphy, of Boston,
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eavesdrops on cellular phone conversations taking place in the cars around
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him -- ably demonstrating an illegal but increasingly popular hobby. His
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headset looks like a Walkman radio so no one suspects his illegal but
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amusing high-tech hobby -- voyeurism by telephone.
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David says he hears all kinds of confidential matters discussed, such as
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credit card numbers and expiration dates when someone is making a purchase,
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plus intimate details between married people who live with other spouses.
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It would seem, according to David's accomplishments, the use of a cellular
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phone may be hazardous to your wealth or marriage --if cellular phone users
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aren't more careful.
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Normally, trying to eavesdrop on cellular phones is difficult, especially
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when travelling in a vehicle because "handoffs" from one cell to another
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often change the frequency. In crowded areas, where a lot of calls are on
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the air at the same time it's more difficult to "find" the conversation
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during handoffs. But it can be done.
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Cellular phone frequencies are between 800 to 900 megahertz. Hackers are
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adept at tracking the handoffs, and can fine-tune the reception to hear
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just as well as the two people on their respective phones who are unaware
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their security has been breached. There are no tell-tale clicks or
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background noise of the eavesdropper on a cellular phone because it's a
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short-wave radio broadcast.
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A hacker who finds an interesting conversation can also note the frequency
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being used, which is similar to a telephone number temporarily used for
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that particular transmission. In a stationary location, where no handoffs
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are needed, it's relatively simple to lock on to a frequency --identical to
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planting a wire tap but without any telltale evidence.
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When police want to, they can obtain wiretap authorization to tap cellular
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phones from switching stations. They don't have to use a scanner.
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This new hobby of eavesdropping is gaining popularity, and the costs are
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coming down to an affordable level. That's bad, not good. It's just a
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matter of time before enterprising crooks will be using them to "fish" for
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juicy gossip for blackmail purposes or credit card fraud.
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Why am I telling you all about an illegal activity? First, so you don't
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think it's legal (with the possible exception of cordless phones, it
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isn't). Second, because it's illegal, you should know the use of scanners
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and eavesdropping on cellular phones whether for fun or other purposes
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violates the laws mentioned in this chapter. However, it can be authorized
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like an ordinary wiretap, and therefore may be something you should know
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about. Last but not least, the bad guys, whose gang you may be trying to
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infiltrate, might know about it too. They might tap your cordless or
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cellular phone. Be careful of that, too!
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The only remedy for absolute confidentiality is to use a telephone
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scrambler, available for about $299 a pair. They're small units that slip
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over the telephone handset. You speak through them to the phone mouthpiece.
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The conversation is scrambled at the transmitting end and unscrambled by a
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similar device at the receiving end. They use a 9V battery so they're also
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portable and can be used with cordless or cellular phones. Both scrambler
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units are manually adjusted to use the same codes. There are 52,488
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selectable codes so you can change codes at any time, or daily, to
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frustrate eavesdropping or bugging. More sophisticated and more expensive
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units automatically select random codes for each phone call. They are
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virtually impossible to decode -- even with powerful computers.
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If David Murphy, or anyone else, were to surreptitiously listen to a
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confidential telephone conversation and found a juicy bit of information
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that was damaging to one or both of the parties, he might be able to learn
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their names and addresses and be tempted to try a bit of blackmail, also
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illegal. However, there might be a situation in which you do not perceive
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the situation as illegal blackmail.
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CrimeFighters' Blackmail
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Blackmail in its usual form means obtaining or possessing damaging
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information about another person or company and threatening to disclose
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that information unless payment is made.
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Another form of blackmail is more subtle. Say that you found a company
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polluting water and liable for a million dollar fine. Under pollution laws,
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you might receive half of the fine when a fine is levied. However, the
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company may be expected to fight it all the way to the Supreme Court if
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possible to weaken the effect of bad publicity and to obtain extra time to
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earn the money to pay the expected fine. That could take many years and,
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charges might be reduced considerably because of plea bargaining, deals and
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compromises with the prosecution, and politics. The half a million dollar
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reward may or may not be paid, and if paid, may take a long time.
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You might be tempted to contact the company, advising them of your
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knowledge and conclusive proof of violation and suggest settling the matter
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out of court (provided the company stops polluting and cleans up the
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existing pollution) and you suggest payment of the reasonable sum of
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$250,000 instead of an much larger reward if the case were taken to court.
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You might reason to yourself that justice has been served, the same as if
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it had gone to court. Under normal circumstances you might be paid about
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$500,000, but for a quick settlement out of court, you would be happy to be
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paid $250,000 right away with no hassles and no waiting.
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While justice may seem to be served, it is also justice denied. The purpose
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of law enforcement is to take violators to court to punish them via due
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process to the appropriate extent of the severity of pollution. The added
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burden of legal fees and bad publicity, plus a conviction on the record, is
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also part of the punishment -- not to mention the half a million the EPA
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would lose by non-payment to the court.
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From a law enforcement perspective, the bad publicity serves as a warning
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to others that violators will be punished. When anyone interferes with
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enforcement of laws, by taking the law into their own hand in this manner
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no matter how good the intention, it's illegal! There is a law to
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discourage blackmail of any kind.
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Title 18 Section 873 Blackmail
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"Whoever, under a threat of informing, or as a consideration for not
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informing, against any violation of any law of the United States, demands
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or receives any money or other valuable thing, shall be fined not more than
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$2,000 or imprisoned not more than one year, or both."
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* * * * * *
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When a person has knowledge of a violation of any law he is required by law
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to report it. When a person makes a "deal" not to report it, he or she can
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expect to be charged with blackmail.
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(The penalty seems woefully inadequate when the expected "profit" from
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blackmail can be in the hundreds of thousands of dollars. That's a common
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problem with laws which state a specific amount or terms of imprisonment --
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they aren't updated often enough to keep up with the times, technology, and
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inflation.)
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The Blackmail Double Cross
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In the above scenario, if you weren't aware you were using blackmail, the
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company's lawyer would be quick to recognize it. The company might
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encourage you to sign an agreement to not disclose the damaging information
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in exchange for the $250,000 check being offered. But, as soon as the
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agreement was signed, the company could refuse to pay (by putting a stop
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payment on the check). They might say "if you report our violation, we'll
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report your blackmail attempt." At that time, they would have evidence of
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your blackmail scheme and could use it in court to destroy your credibility
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as an "honest" witness. You might be charged and convicted of blackmail!
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Plea bargaining Isn't Blackmail!
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You can make almost the same deal as above, but make it in your legal
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capacity as prosecutor under Qui Tam law. For example: (a) Initiate a
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personal damage lawsuit for $90,000 plus $10,000 for the cost of
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investigation and other costs. (b) Lay charges. Use pending charges of
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criminal violations as leverage to settle the civil suit out of court if
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possible. (c) If your lawsuit has been settled, you can ask the (criminal)
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court for a $300,000 fine to be levied under appropriate pollution laws
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where you get half. If the civil suit is not easily settled, let it hang in
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abeyance, and ask for the $500,000 fine in the criminal suit. (d) Turn over
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the actual prosecution to the appropriate law enforcement agency. If the
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defendant loses, and pays the maximum fines you can still get half but may
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have to wait for it because of anticipated lengthy appeals.
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If plea bargaining is acceptable to both parties, the usual bargain is: in
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exchange for a guilty plea, the prosecutor (you) will recommend a smaller
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fine and possibly downgrade criminal charges. A guilty or nola contendere
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plea provides the evidence of liability in your civil suit, if it's not
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already settled, and allows you to ask for summary judgment. The result:
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you can offer almost the same deal as above as a prosecutor. The difference
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is, plea bargaining isn't blackmail. All prosecutors use plea bargaining to
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apply pressure on defendants to reduce their time and court costs. More
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details on this subject is in chapter 27 ("Problems with Prosecutors and
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Plea Bargaining").
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Wiretapping or Eavesdropping
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It's important CrimeFighters fully understand this law as it's easy to
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cross the line from legal to illegal use. As mentioned earlier, many
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devices on the market can be used for eavesdropping or bugging. Sometimes
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it's legal, but most of the time it's illegal. It's important you avoid
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temptation to indiscriminately use such devices to obtain evidence. And,
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look for violations of anyone who might be illegally using such devices.
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There is a reward paid for information concerning violations of this law,
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section (18 USCS 2510 et seq.). Here's some background information.
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The laws on wiretapping are based on the Fourth and Fifth Amendments to the
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Constitution of the United States.
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The Constitution of the United States
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Fourth Amendment
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"The right of the people to be secure in their persons, houses, papers, and
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effects, against unreasonable searches and seizures, shall not be violated,
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and no Warrants shall issue, but upon probable cause, supported by Oath or
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Affirmation, and particularly describing the place to be searched, and the
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persons or things to be seized."
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Comment: The Fourth Amendment guarantees the right against unreasonable
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searches, such as random searches or "fishing expeditions." Unauthorized
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wiretapping or bugging "without reasonable cause" and a court order
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violates the Fourth Amendment.
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Fifth Amendment
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"No person shall be held to answer for a capital, or otherwise infamous
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crime, unless on a presentment or indictment by a Grand Jury, except in
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cases arising in the land or naval forces, or in the Militia, when in
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actual service in time of War or public danger; nor shall any person be
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subject for the same offense to be twice put in jeopardy of life or limb,
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nor shall be compelled in any criminal case to be a witness against
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himself, nor be deprived of life, liberty, or property, without due process
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of law; nor shall private property be taken for public use without just
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compensation".
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Comment: The Fifth Amendment guarantees that no person shall be compelled
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to be a witness against himself or herself. Our lawmakers probably had in
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mind an admission of guilt obtained under coercion or mental duress. Often
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the threat of torture or other threats may result in phoney confessions
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such as those obtained in dictatorship controlled countries. In the U.S.,
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overzealous law enforcement agents might also be tempted to mentally or
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physically force a confession from a suspect who is truly innocent.
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To prevent that from happening in the United States, the Fifth Amendment
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provides the right to remain silent and not answer questions that might
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incriminate an individual. An accused person is deemed innocent until
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proven guilty, and the burden of providing the proof is on the accuser via
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due process of law.
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The Miranda case is used as a precedent to illustrate the strength of the
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Fifth Amendment. Miranda was convicted by his voluntary admission of
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guilt under pressure by police officers, but the court found the admission
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of guilt was not admissible as evidence because the accused was not aware
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of his right to remain silent. ("No one shall be compelled to be a witness
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against himself"). Police are required to "read the rights" to a person
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before any questioning is used to determine guilt (not immediately after
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arrest as most people believe), to make sure the accused is aware of his
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rights. But after being advised of the rights, anything said by the accused
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can be used against that person in court.
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When police have sufficient reason (probable cause) to believe criminal
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activity is being planned, underway, or already executed, they can obtain a
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court order under the rules and procedures listed in 18 USCS 2516. In such
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a situation the search is "reasonable," for a specific person and purpose.
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When a court order authorizes the wiretap or bug, evidence obtained
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therefrom is admissible in court.
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Eavesdropping Devices
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Title 18 USCS 2510 lists the definitions of wiretapping and bugging devices
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in lengthy legal format. The listed items described, and manner in which
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they are used, can be condensed to read -- "any device or apparatus used to
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listen in on private communications in any manner".
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Advertising
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Advertisements are legal when they suggest personal use such as calling
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from a distant phone to check on your home by listening for sounds of an
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intruder, or to listen for a baby crying in a separate bedroom of the
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house, or sound magnifying devices that can be used for bird watching or
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hunting, or any other personal use which doesn't violate another person's
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private communications and confidentiality. Anyone can advertise and sell
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wiretapping equipment and other forms of surveillance equipment for
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"personal use." When an advertisement says, hints at, suggests or implies
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illegal use, the advertiser could be charged with violation of the law.
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There are many advertisements in Popular Science, Soldier of Fortune, and
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similar magazines selling surveillance equipment of various kinds that
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strongly suggests a person can listen to private conversations in one form
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or another. The manufacturing, advertising, sale, and use of any device
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that is specifically manufactured and used to intercept or record private
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and confidential conversation of other parties without their knowledge and
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consent is illegal. Upon conviction, the person or firm placing such an
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advertisement could forfeit his entire inventory of such equipment under
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confiscation law (Section 2513) and face a large fine.
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Design and Intended Use
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The case of United States vs. Bast (1974, 161 App DC 312, 495 F2d 138)
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stated an important definition, "manufacture of device may be illegal
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because it is primarily used for surreptitious interception, even though
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device may have innocent uses."
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Another case, United States vs. Schweihs (1978, CA5 Fla 569 F2d 965)
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mentioned that Congress intended to ban such devices as martini olive
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transmitters, spike mikes, and microphones disguised as wrist watches and
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fountain pens, which, by the nature of their design, are obviously intended
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to be used for covert listening, without prohibiting possession of other
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legitimate electronic devices merely because they are small or may be used
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for wire-tapping or eavesdropping.
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Wiretapping by Court orders
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Law enforcement agents must obtain a court order to tap a phone line or
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otherwise intercept private communication to obtain admissible evidence
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against criminal activity. Without a court order, it is not admissible as
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evidence. (18 USCS 2515)
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A court order is not easily obtained. Other evidence (or probable cause)
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is required first to indicate criminal activity is being planned or in
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progress and a wire tap or bug is essential to obtain information
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concerning the known or strongly suspected criminal activity. This legal
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requirement prevents overzealous police from going on fishing expeditions -
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tapping and listening to conversations at random ("unreasonable searches")
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until they found something that might indicate criminal activity or could be
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used as incriminating evidence.
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The following Sections spell out the details of his law. Notice that USCS
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2513 offers a reward for information leading to an arrest for a violation
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of covert wiretapping or bugging, in any way.
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Title 18 USCS 2511.
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Interception and disclosure of wire or oral communications prohibited.
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This section is too lengthy to quote verbatim, but deals with the
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definitions of any person who "willfully" intercepts, directly or
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indirectly, any form of private communications without the consent of the
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parties thereto, and or discloses same to other parties, and the penalty
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for same, which "shall be fined not more than $10,000 or imprisoned not
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more than five years, or both."
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Paragraph (1)(a),(b) and (c) of this law says with words to the effect
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that, if the communication is overheard by accident or by the performance
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of a person's normal employment such as a switchboard operator or telephone
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repairman or any other person during their normal job activity without
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willful intent to eavesdrop, it is not a violation of this section.
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The following paragraphs are of interest to CrimeFighters:
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"(2)(c) It shall not be unlawful under this chapter (18 USCS 2510 et seq.)
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for a person acting under color of law to intercept a wire or oral
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communication, where such person is a party to the communication or one of
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the parties to the communication has given prior consent to such
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interception."
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"(2)(d) It shall not be unlawful under this chapter (18 USCS 2510 et seq.)
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for a person not acting under color of law to intercept a wire or oral
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communication where such person is a party to the communication or one of
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the parties to the communication has given prior consent to such
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interception unless such communication is intercepted for the purpose of
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committing any criminal or tortious act in violation of the Constitution or
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laws of the United States or of any State or for the purpose of committing
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any other injurious act."
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* * * * * *
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Unofficial interpretation: Private conversations may be (legally) recorded
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by one of the parties to the conversation, such as in business calls where
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the recording is made for convenience of one or more of the parties to the
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conversation and not intended to be used for illegal purposes.
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"Under color of law" means for law enforcement purposes.
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A CrimeFighter who carries a bug to record a conversation between a suspect
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and himself, with the intent to make a recording of their conversation,
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would seem to comply with the law as it's not illegal to make a recording
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of his own conversation. He doesn't need a court order or authorization for
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same. Another defense might be that it's not being made for illegal
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purposes (blackmail, for example) but rather for law enforcement purposes.
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Or, if it's made with police knowledge and a warrant it would be "under
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color of law." As such it would be admissible as evidence.
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Hypothetical situation: Supposing a CrimeFighter sets out to meet and
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become friendly with a known drug dealer called "Bob." During subsequent
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phone calls to and from Bob, the CrimeFighter makes (legal) recordings of
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his conversations and hints to Bob he'd like to make some money being a
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mule to transport drugs. When the conversation includes information
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concerning drugs, and proposals from Bob to become part of the drug scene,
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the first step has been established.
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After the conversation is recorded, the next step is to take the recording
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to the FBI. Let them listen to it. The tape recording is for law
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enforcement purposes. It isn't "misuse" of the information.
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At this point, the CrimeFighter might suggest to the FBI case agent that he
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would like to help them obtain further evidence for rewards available.
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Before a CrimeFighter does anything illegal, he should make sure he is
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officially authorized as an undercover agent working for law enforcement.
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Get a written agreement as to your role and specific rewards promised.
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There's a chance that "Bob" might be an undercover cop or another
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CrimeFighter. If both have disclosed their information to the FBI, both
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will be told to "back off." No harm has been done, and no time wasted.
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If Bob happens to be a local cop setting up a sting operation with you as
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the stingee, and arrests you, you'll have the FBI as a witness that it was
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a double sting operation - and help get you off the hook.
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(That's also a good reason to coordinate CrimeFighter activity with your
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CrimeFighters' group -- to avoid embarrassment and duplication of effort.)
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The recordings unofficially made by the CrimeFighter may or may not be
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admissible as evidence in court, but if the FBI hears tantalizing
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information on the first tape, they could probably convince a judge to
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authorize a legal wiretap for further taped conversations which could be
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used for evidence.
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The following law can be useful when analyzing advertisements of vendors
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who either manufacture or sell bugs and bugging devices.
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Title 18 USCS 2512
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"Manufacture, distribution, possession, and advertising of wire or oral
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communication intercepting devices prohibited.
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(1) Except as otherwise specifically provided in this chapter (18 USCS 2510
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et seq.) any person who willfully -
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(a) sends through the mail, or sends or carries in interstate or foreign
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commerce, any electronic, mechanical, or other device, knowing or having
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reason to know the design of such device renders it primarily useful for
|
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the purpose of surreptitious interception of wire or oral communications;
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(b) manufactures, assembles, possesses, or sells any electronic,
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mechanical, or other device, knowing or having reason to know that the
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design of such device renders it primarily useful for the purpose of the
|
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surreptitious interception of wire or oral communications, and that such
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device or any component thereof has been or will be sent through the mail
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or transported in interstate or foreign commerce; or
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(c) places in any newspaper, magazine, handbill, or other publication any
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advertisement of -
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(i) any electronic, mechanical, or other device knowing or having reason to
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know that the design of such device renders it primarily useful for the
|
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purpose of surreptitious interception of wire or oral communications; or
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(ii) any other electronic, mechanical, or other device, where such
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advertisement promotes the use of such device for the purpose of
|
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surreptitious interception of wire or oral communications, knowing or
|
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having reason to know that such advertisement will be sent through the mail
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or transported in interstate or foreign commerce,
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shall be fined not more than $10,000 or imprisoned not more than five
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years, or both.
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(2) It shall not be unlawful under this section for -
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(a) a communications common carrier or an officer, agent, or employer of,
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or a person under contract with, a communications common carrier, in the
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normal course of communications common carrier's business, or
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(b) an officer, agent, or employee of, or a person under contract with, the
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United States, a State, or a political subdivision thereof, in the normal
|
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course of the activities of the united States, a State, or a political
|
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subdivision thereof, to send through the mail, send or carry in interstate
|
|
or foreign commerce, or manufacture, assemble, possess, or sell any
|
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electronic, mechanical, or other device knowing or having reason to know
|
|
that the design of such device renders it primarily useful for the purpose
|
|
of surreptitious interception of wire or oral communications."
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Title 18 USCS 2513.
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"(5) 18 USCS Section 2513 Reward for information concerning Wire Tapping
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devices used, sold or manufactured in violation of Interception of Wire or
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Oral or Electronic Communications (wiretapping or deliberate eavesdropping
|
|
on private communications with or without criminal intent).
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Confiscation of wire or oral communication intercepting devices.
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Any electronic, mechanical, or other device used, sent, carried,
|
|
manufactured, assembled, possessed, sold, or advertised in violation of
|
|
section 2511 or section 2512 of this chapter (18 USCS 2511 or 2512) may be
|
|
seized and forfeited to the United States. All provisions of law relating to
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|
(1) the seizure, summary and judicial forfeiture, and condemnation of
|
|
vessels, vehicles, merchandise, and baggage for violations of the customs
|
|
laws contained in title 19 of the United States Code (19 USCS 1 et seq),
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|
(2) the disposition of such vessels, vehicles, merchandise, and baggage or
|
|
the proceeds from the sale thereof,
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|
(3) the remission or mitigation of such forfeiture,
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|
(4) the compromise of claims, and
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|
(5) the award of compensation to informers in respect of such forfeitures,
|
|
shall apply to seizures and forfeitures incurred, or alleged to have been
|
|
incurred, under the provisions of this section, insofar as applicable and
|
|
not inconsistent with the provisions of this section; except that such
|
|
duties as are imposed upon the collector of customs or any other person
|
|
with respect to seizure and forfeiture of vessels, vehicles, merchandise
|
|
and baggage under the provisions of the customs laws contained in Title 19
|
|
of the United States Code (19 USCS 1 et seq) shall be performed with
|
|
respect to seizure and forfeiture of electronic, mechanical, or other
|
|
intercepting devices under this section by such officers, agents, or other
|
|
persons as may be authorized or designated for that purpose by the Attorney
|
|
General." (Added June 19, 1968
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|
Not Admissible as Evidence
|
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|
Title 18 USCS 2515
|
|
|
|
"Prohibition of use as evidence of intercepted wire or oral or electronic
|
|
communications
|
|
|
|
Whenever any wire or oral communication has been intercepted, no part of
|
|
the contents of such communication and no evidence derived therefrom may be
|
|
received in evidence in any trial, hearing, or other proceeding in or
|
|
before any court, grand jury, department, officer, agency, regulatory body,
|
|
legislative committee, or other authority of the United States, a State, or
|
|
a political subdivision thereof if the disclosure of that information is in
|
|
violation of this chapter (18 USCS 2510 et seq.)."
|
|
(As of June 19, 1968)
|
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* * * * * *
|
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Comments: Many people and firms advertise electronic bugs and sophisticated
|
|
bugging equipment. While their advertising methods may seem to be in
|
|
violation of the above laws, most have a legal disclaimer in the catalog
|
|
that says, in effect, "The electronic devices in this catalog are for
|
|
security, demonstrational and scientific purposes only. They are not to be
|
|
used for surreptitious interception of oral communications and are sold
|
|
subject to public law 90-351 Title 3, 18 USCS 2511 and all other pertinent
|
|
laws, regulations and ordinances. It is the sole responsibility of the
|
|
buyer (not the seller!) to ascertain through competent legal counsel how
|
|
any law or laws may apply to the use of any items purchased and act
|
|
accordingly."
|
|
|
|
That lets them off the legal hook. Unfortunately, not everyone reads,
|
|
understands, or pays attention to the fine print. All they see is dozens of
|
|
ads selling the items. They assume it must be O.K. to buy and use them if
|
|
they can make them and sell them. That assumption is not correct.
|
|
|
|
The main thing for CrimeFighters to remember is, using such devices without
|
|
legal sanction (under color of law) is illegal. The only exception is the
|
|
instance in which one or more of the parties involved give their consent.
|
|
|
|
A CrimeFighter who is one of the parties of a conversation may make a legal
|
|
recording for his personal use. Wiretaps made without the consent of any of
|
|
the parties involved, whether a recording is made or not made, is illegal.
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F9 for next Chapter
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