How to Find Legal Information About Phone Tapping

Millions of Americans talk on their telephones every day, taking for granted that no one is listening in on their conversation. If you are worried you might have a tap on your telephone, or you simply want to learn about when a telephone tap is legal, there are several resources at your disposal.

Instructions

Difficulty: Moderately Easy

Learn About When a Telephone Tap Is Legal

1. Visit the Electronic Privacy Information Center's wiretapping page (see Resources below) for a database of current information about telephone tapping.
2. Check the state-by-state guide but out by the Reporters Committee for Freedom of the Press (see Resources below) if you wish to learn about when it is legal for a citizen to record a telephone conversation.
3. Inquire about whether a telephone tap is legal with a lawyer. Privacy-specific lawyers exist and are probably the best source of information about the legality of wiretapping.
4. Ask the police. Outside of a privacy lawyer, a law enforcement officer is one of the most qualified authorities to explain how and when a telephone tap is legal. If the specific officer you reach does not know, ask him or her to relay you to someone who does.
5. Go to a library--if possible, a law library. Electronic privacy laws are new, vary state-by-state and are constantly changing, but if you insist on finding out yourself, ask for the assistance of a law librarian.

Tips & Warnings

• Talking to a lawyer is the most efficient way of determining the legality of a specific situation, but the lawyer may also charge you for his or her time. Before talking, make your desire for information clear so there is no misunderstanding.
• The Privacy Rights Clearinghouse (see Resources below) is a nonprofit organization devoted to privacy rights and is a valuable resource in learning about telephone tapping.
• Unfortunately, there is no explicit and unquestionable right to personal privacy enumerated in the Constitution. Because of this, the 'right to privacy' is an evolving, dynamic idea, and you should take extra steps to make sure your information is current and correct.