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| Wiretaps in Federal Prosecutions |
"Unless otherwise provided, Title III/ECPA outlaws wiretapping and electronic eavesdropping; possession of wiretapping or electronic eavesdropping equipment; use or disclosure of information obtained through illegal wiretapping or electronic eavesdropping; and disclosure of information secured through court-ordered wiretapping or electronic eavesdropping, in order to obstruct justice, 18 U.S.C. 2511. Elsewhere, federal law proscribes:
- unlawful access to stored communications, 18 U.S.C. 2701;
- unlawful use of a pen register or a trap and trace device, 18 U.S.C. 3121; and
- abuse of eavesdropping and search authority or unlawful disclosures under the Foreign Intelligence Surveillance Act, 50 U.S.C. 1809, 1827."
The report summarizes:
"At the heart of Title III/ECPA lies the prohibition against illegal wiretapping and electronic eavesdropping, 18 U.S.C. 2511(1), that bans:
The complete report is available here,
- any person from
- intentionally
- intercepting, or endeavoring to intercept,
- wire, oral or electronic communications
- by using an electronic, mechanical or other device
- unless the conduct is specifically authorized or expressly not covered, e.g. one of the parties to the conversation has consent to the interception
- the interception occurs in compliance with a statutorily authorized, (and ordinarily judicially supervised) law enforcement or foreign intelligence gathering interception,
- the interception occurs as part of providing or regulating communication services,
- certain radio broadcasts, and in some places, spousal wiretappers."
The complete report is available here,
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