Define Phone Tap
A "phone tap" originally referred to law enforcement physically "tapping" (or attaching) a line to an individual's phone line at the phone company's switching station, then listening to and/or recording (through a device) any conversations transmitted over that phone line. Currently, "tapping a phone" refers to the intercepting and monitoring of communications over a landline, cellular, VoIP or other transmission protocol through devices and electronic means.
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History
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Through the 19th century, early American law conformed to, but rarely prosecuted, common law eavesdropping. That referred to "eavesdroppers" who listened to others under the eaves, windows and walls of homes, with the intent to slander others. During Word War I, the U.S. Congress enacted the first wiretap statute to protect government secrets. In 1934, Congress passed the Federal Communications Act. That prevented the disclosure of intercepted radio/wire communications, which evolved into the 1986 Electronic Communications Privacy Act (ECPA). That protects individuals from the interception of their electronic communications.
Tapping a Phone
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Before cellular phones, tapping a phone line referred to law enforcement attaching a physical line to an individual's private phone line at the telephone company's switching station. Through a listening/recording device, law enforcement could then listen to and/or record any conversations on that line. The Organized Crime Control Act of 1970 required law enforcement to obtain court permission to attach a tap (also called a wiretap) on a criminal suspect's phone line.
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Privacy
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The ECPA seeks to protect the privacy of innocent persons by allowing wiretapping only after a court authorizes the interception, which includes the stipulation that the wiretapping agency (for example, the police or Federal Bureau of Investigation) also provide logs of the intercepted content to the court. In addition, it is illegal for private citizens to intercept any communication and/or release its contents.
Patriot Act
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After September 11, 2001, national security became a priority, leading to the USA Patriot Act of 2001. That allowed Congress to expand wiretapping rules, including the use of pen register devices (that record outgoing phone numbers) and "trap and trace" devices (that record incoming phone numbers). The only requirement for the government to use wiretapping measures is its heightened concern for national security, which has led to perceived abuses and public criticism.
Spyware
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Ads for cell phone spyware are rampant on the Internet. One thing the ads don't state is that downloading such spyware onto an unsuspecting person's cell phone (which is effectively tapping that phone) sets up the buyer/installer for federal and state wiretapping charges, which can include imprisonment. There are also businesses that sell devices to tap landlines. Again, if such devices are installed and used without the owner's (or one or more parties') consent (different states have different statutes regarding consent), the person liable for the installation and/or monitoring is courting felony charges.
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References
- Congressional Research Service: Privacy-An Overview of Federal Statues Governing Wiretapping and Electronic Eavesdropping
- Wiley Rein LLP: Electronic Communications Privacy Act
- Electronics Communications Privacy Act
- Electronic Privacy Information Center: USA Patriot Act
- U.S. Department of Justice: Organized Crime and Racketeering
- Photo Credit woman listening to music image by Tomasz Wojnarowicz from Fotolia.com
