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 * * * * * * * *