Wiretapping is the process of intercepting information over telephone lines or other communication systems. Wiretapping is a form of electronic surveillance—that is, an electronic process that allows uninvited people to listen to or record others’ communications. Many governments use wiretapping and other forms of electronic surveillance in efforts to fight crime and protect national security. Such methods may also be used by individuals, businesses, or other organizations. Many nations have laws that protect individual privacy by limiting the use of wiretapping and other forms of electronic surveillance.
The use of wiretapping.
Traditional wiretapping methods involve placing a special connection or listening device on or near a telephone wire. However, wiretapping methods have changed as technology has advanced. Most telephone calls today are sent through digital systems that transform communications into a series of electrical impulses. Such systems have enabled governments, in many cases, to intercept telephone conversations by accessing the digital networks maintained by telephone companies. Modern surveillance methods can also monitor e-mail, Internet activity, voice mail, and the use of pagers and other personal devices.
Law enforcement agencies, intelligence services, and other government agencies use wiretapping to investigate crimes and threats to national security. But wiretapping may also be used by people trying to eavesdrop on private conversations, obtain secret information, or track another person’s activities. The use of wiretapping poses a major threat to people’s privacy and their ability to speak freely. There is much debate over how the use of wiretapping and other forms of electronic surveillance should be limited by law.
Laws concerning wiretapping.
International law and the laws of most nations recognize the need to protect individual privacy and freedom of speech. The Universal Declaration of Human Rights, for instance, states that no person shall be subjected to “arbitrary interference with his privacy, family, home or correspondence.” Similarly, the First Amendment to the Constitution of the United States protects the freedom of speech, and the Fourth Amendment prohibits “unreasonable searches and seizures” by government officials. To comply with these and other laws, many governments regulate the use of electronic surveillance.
In the case of Olmstead v. United States (1928), the Supreme Court of the United States ruled that government wiretapping does not violate the Fourth Amendment of the Constitution, unless, in placing the wiretap, officials trespass on private property. But the court modified its position in Katz v. United States (1967) and Berger v. New York (1967), both of which placed limits on the government’s ability to use wiretaps.
In 1968, Congress passed Title III of the Omnibus Crime Control and Safe Streets Act. The law requires government agents to obtain a warrant before they can use a wiretap in a criminal investigation. To obtain a warrant, the government must convince a judge that it is highly likely that (1) a suspect is committing a specific crime; (2) a specific telephone is being used in connection with the crime; (3) conversations relating to the crime will be obtained by wiretapping the telephone; and (4) other techniques for investigating the crime have either failed, are unlikely to succeed, or are too dangerous to use.
The Foreign Intelligence Surveillance Act (FISA), passed by Congress in 1978, placed restrictions on the government’s power to use wiretaps for national security purposes. However, the restrictions are less severe than the Title III limits. Under FISA, the Foreign Intelligence Surveillance Court, a secret court, reviews government applications for wiretaps. The court can issue warrants without requiring proof of criminal activity.
In 1986, Congress passed the Electronic Communications Privacy Act (ECPA). The ECPA amended Title III so that it regulates interceptions of all forms of electronic communication, including computer activity and wireless telephone service. In 2001, the Patriot Act modified both FISA and the ECPA and expanded the government’s powers to use wiretapping and other forms of electronic surveillance.
A further update to FISA occurred in August 2007. President George W. Bush signed into law the Protect America Act of 2007, a temporary law that granted the National Security Agency/Central Security Service authority to wiretap in certain cases without obtaining a court warrant. In February 2008, Congress allowed the law to expire.
Many other countries have laws that restrict the use of electronic surveillance. Such laws include the Telecommunications (Interception) Act of 1979, and later amendments, in Australia; Part VI of the Criminal Code, in Canada; and the Regulation of Investigatory Powers Act of 2000, in the United Kingdom.
See also Codes and ciphers ; Patriot Act ; Warrant ; Watergate .
