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Wiretapping: It's Not Just for Criminals Any More! Have you put a recording device on your phones at work to see if your employees are making personal calls during business hours? Have you taped phone calls between your child and your ex-spouse? Do you have a voice-activated taping machine on your home phone and do you tell everyone who uses the phone of its existence? Did you ever accidentally hear a call made from your neighbor's cellular phone, maybe by a U.S. Congressman, and disclose the contents to someone else? If you answered "yes" to any of these questions, you may be guilty of violating the federal Omnibus Crime Control and Safe Streets Act, and it will cost you at least $10,000 in civil damages, plus litigation costs and a reasonable attorney's fee for the other party, if a court determines you have violated the Act. You may have violated state law as well by intercepting telephonic or telegraphic communications, and that will cost you at least $1,000 in civil damages, plus court costs and the other party's reasonable attorney's fees, if you are found to have violated the state act. The purpose of the federal Act is to assure the privacy of all oral and wire communications. The Act provides that any person who intentionally intercepts or has someone else intercept any wire, oral, or electronic communication "shall be punished." The use of intercepted or oral communications is also prohibited. In addition, it is illegal under state law to record or acquire a telephone or telegraph communication if you are not the sender or receiver, or do not have the consent of the sender or receiver. This includes making the intentional recording by using a computer or a FAX machine. However, recording your own phone conversation is not prohibited by either the federal or state act, even if you do not inform the other party that you are making the recording. Think twice before you intercept someone else's communication or use the information contained in an intercepted message. You could be guilty of violating the wiretap laws and have to pay substantial penalties. § |
