Basic Federal Law on Wiretapping
In the aftermath of 9/11, the federal law on wiretapping took a turn that raised concerns among civil liberties advocates. Although federal law requires a warrant for law enforcement agencies using wiretapping equipment, the Patriot Act and expansions to the Wiretap Act provide ways to circumvent that requirement.
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The Basics
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Federal law on wiretapping makes it illegal for private citizens to "intercept oral, wire or electronic communications" between two people. It's also illegal to disclose information obtained from an illegal wiretap, regardless of who intercepted the conversation. Private citizens cannot make, own, sell, advertise or send through the mail wiretapping equipment.
Obeying the Law
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Law enforcement agencies and private citizens can't use wiretapping equipment to eavesdrop on someone's conversations. With a court-approved warrant, however, law enforcement agencies can legally intercept conversations made by someone they suspect committed or plans to commit a crime. The maximum time allowed for a wiretap is 30 days. The subject of the wiretap must be notified within 90 days of the application of the wiretap or "successful interception" of a conversation.
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Expansion of the Law
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The Internet prompted the expansion of the 1986 Wiretap Act, which allows law enforcement agencies, with a court-approved warrant, to intercept private email messages, chat room conversations and online posts. They also can tap any phone a suspect uses, even in a private residence. The Patriot Act gave law enforcement the further freedom to trace numbers received by or dialed from a particular line, without having to prove the line's use in committing a crime.
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