Legal Definitions - electronic surveillance

Electronic surveillance refers to the use of electronic, mechanical, or other devices to acquire information from wire or electronic communications. This includes wiretapping, bugging, videotaping, geolocation tracking, data mining, social media mapping, and monitoring internet traffic. The information obtained can include the identity of the parties involved, the substance of the communication, and its meaning.

For example, wire communications involve the transfer of information via a wire or cable, while electronic communications refer to the transfer of information through electronic means such as email or VoIP. Geolocation tracking can be done through RFID, GPS, or cell-site data.

Electronic surveillance can implicate the Fourth Amendment right to be secure against unreasonable searches and seizures. The Supreme Court has ruled that electronic eavesdropping is a search and seizure, and therefore subject to the same warrant requirements as other searches. However, there are exceptions for exigent circumstances, such as when a situation threatens a person's life or national security.

Domestic surveillance legislation includes the Electronic Communications Privacy Act (ECPA) and the Communications Assistance for Law Enforcement Act (CALEA). The Foreign Intelligence Surveillance Act (FISA) permits electronic surveillance for foreign intelligence gathering, with specific requirements for obtaining a warrant. The Patriot Act and USA Freedom Act have modified and extended provisions related to electronic surveillance.