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 Behavioral Sciences Psychology |
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Privacy: An Overview of Federal Statutes Governing Wiretapping and Electronic Eavesdropping
Authors: Charles Doyle; Gina M Stevens; LIBRARY OF CONGRESS WASHINGTON DC CONGRESSIONAL RESEARCH SERVICE |
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Abstract: This report provides an overview of federal law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a bibliography of legal commentary as well as the text of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given their prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years; fines up to $250,000 (up to $500,000 for organizations); in civil liability for damages, attorneys? fees and possibly punitive damages; in disciplinary action against any attorneys involved; and in suppression of any derivative evidence. Congress has created separate but comparable protective schemes for electronic communications (e.g., e-mail) and against the surreptitious use of telephone call monitoring practices such as pen registers and trap and trace devices.
| Description: |
Congressional rept. |
| Pages: |
180 |
| Report Date: |
03-Dec-2009 |
| Report Number: |
A440115 |
Report Unavailable |
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