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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