Legal Definitions - wiretapping

Wiretapping is when someone records conversations between people without their permission. This is often done by law enforcement to help with criminal investigations, but it can also be a violation of privacy and the right to be free from unreasonable searches and seizures.

The Supreme Court has ruled that wiretapping is covered by the Fourth Amendment, which protects against unreasonable searches and seizures. Congress passed the Electronic CommunicationsPrivacy Act (ECPA) in 1986 to regulate wiretapping. The Wiretap Act, which is part of the ECPA, makes it illegal to intentionally intercept electronic communications without authorization.

Before law enforcement can use wiretapping, they must get permission from a judge. They have to show that wiretapping is necessary and that other investigative methods have been tried and failed. If they don't follow these rules, the evidence they gather through wiretapping may not be admissible in court.

For example, if the police want to wiretap someone's phone, they have to get a warrant from a judge. They have to show that wiretapping is necessary to investigate a crime and that they have tried other methods that didn't work. If they don't follow these rules, the evidence they gather through wiretapping may not be allowed in court.

Another example is if someone records a conversation between two people without their permission. This is illegal and can be a violation of privacy.

These examples illustrate how wiretapping is the act of recording conversations without permission and how it is regulated by law to protect people's privacy and rights.