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Wiretapping - The Crime of Listening Over
Phone Lines
What is wiretapping? It
is committing the crime of observing telephone
calls and lately, internet exchanges. The term 'wiretap' comes from the
way the telephone line wires are used to apply the
connection for
monitoring and the 'tapping' of electrical signals to deliver the
message.
Wire
communication is described as any
aural transfer made with the use of wire or cable for communication
transfer.
Oral communication is described as the verbal exchange or response by a
person
who expects that the conversation is not intercepted or recorded.
Intercept or
recording is described as the acquisition of conversation with the use
of any
device. When all these are included in the act, it may be rightfully
termed as
wiretapping.
How
to Detect Wiretapping
Well-installed
and designed taps can be
quite difficult to detect. The tap is basically formed by circuits,
which link
the audio signal from the call. Codes or encryption can also be
translated into
words which were used during the actual conversation. Digital switching
technology has made it possible to copy digitalized bits that model the
conversation. Information on the caller, the receiver, the numbers,
time and
date and duration will be indicated and easily detected by the phone
company
for billing.
When
is Wiretapping Legal or Illegal?
It
is illegal to wiretap without
authorization from a court of law. Wiretapping without due reason will
be
considered intrusion or violation to privacy, which is a misdemeanor.
However, depending on the seriousness and effects of the
offense, it can become a
criminal
offense. There are forms of legal wiretapping especially by law
enforcers in
order to monitor suspicious activity and to detect locations of wanted
criminals.
It
is completely legal for one of the two
parties involved in the conversation to record. Some states require
that only
one party needs to be aware of the recording while others require both
parties
to have full knowledge of the recording. One party may allow the line
to be
tapped or the conversation recorded without full knowledge by the
second party.
This should only be done under the authorization of a legal body with
due cause
and reason for interception.
Laws
Against Wiretapping
The
anti-wiretapping law strictly prohibits
anyone from wiretapping or violating the right to privacy of
communication.
Since wiretapping is a powerful tool that can be used against military,
government and other authorizing agents, the law intends to stop the
abuse or
formation of false accusations. Illegally obtained recordings to be
used as
evidence in court hearings are also not allowed in certain states.
The
following acts can be considered as a
wiretapping offense. Wiretapping or using other devices that covertly
intercept
or record private communication. Persons who volunteer recording will
also be
held liable to the criminal act.
Possessing
any material of an illegally
obtained conversation; replaying the recording or giving information
regarding
its contents; all these can be charged as wiretapping except when
ordered by
a court of law or an authorized agent. Law enforcers are also
prohibited to
wiretap private communication without going through the proper
procedure and
having legal authorization.
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