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