Wiretapping
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Wiretapping
Telephone tapping (also wire tapping or wiretapping in American English) is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connection was an actual electrical tap on the telephone line. Legal wiretapping by a government agency is also called lawful interception. Passive wiretapping monitors or records the traffic, while active wiretapping alters or otherwise affects it. Legal status Lawful interception is officially strictly controlled in many countries to safeguard privacy; this is the case in all liberal democracies. In theory, telephone tapping often needs to be authorized by a court, and is again in theory, normally only approved when evidence shows it is not possible to detect criminal or subversive activity in less intrusive ways. Oftentimes, the law and regulations require that the crime investigated must be at least of a certain severity. Illegal ...
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United States Foreign Intelligence Surveillance Court
The United States Foreign Intelligence Surveillance Court (FISC), also called the FISA Court, is a U.S. federal court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants against foreign spies inside the United States by federal law enforcement and intelligence agencies. FISA was created by the U.S. Congress based on the recommendations of the Senate's Church Committee, which was convened in 1975 to investigate illicit activities and civil rights abuses by the federal intelligence community. Pursuant to the law, the FISC reviews requests to conduct physical and electronic surveillance within the U.S. concerning "foreign intelligence information" between "foreign powers" and "agents of foreign powers" suspected of espionage or terrorism; such requests are made most often by the National Security Agency (NSA) and the Federal Bureau of Investigation (FBI). From its opening in 1978 until 2009, the court was h ...
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Lawful Interception
Lawful interception (LI) refers to the facilities in telecommunications and telephone networks that allow law enforcement agencies with court orders or other legal authorization to selectively wiretap individual subscribers. Most countries require licensed telecommunications operators to provide their networks with Legal Interception gateways and nodes for the interception of communications. The interfaces of these gateways have been standardized by telecommunication standardization organizations. As with many law enforcement tools, LI systems may be subverted for illicit purposes. With the legacy public switched telephone network (PSTN), wireless, and cable systems, lawful interception (LI) was generally performed by accessing the mechanical or digital switches supporting the targets' calls. The introduction of packet switched networks, softswitch technology, and server-based applications during the past two decades fundamentally altered how LI is undertaken. Lawful interception ...
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Surveillance
Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing or directing. This can include observation from a distance by means of electronic equipment, such as closed-circuit television (CCTV), or interception of electronically transmitted information like Internet traffic. It can also include simple technical methods, such as Human intelligence (intelligence gathering), human intelligence gathering and postal interception. Surveillance is used by citizens for protecting their neighborhoods. And by governments for intelligence gathering - including espionage, prevention of crime, the protection of a process, person, group or object, or the investigation of crime. It is also used by criminal organizations to plan and commit crimes, and by businesses to Industrial espionage, gather intelligence on criminals, their competitors, suppliers or customers. Religious organisations charged with detecting he ...
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Lawful Interception
Lawful interception (LI) refers to the facilities in telecommunications and telephone networks that allow law enforcement agencies with court orders or other legal authorization to selectively wiretap individual subscribers. Most countries require licensed telecommunications operators to provide their networks with Legal Interception gateways and nodes for the interception of communications. The interfaces of these gateways have been standardized by telecommunication standardization organizations. As with many law enforcement tools, LI systems may be subverted for illicit purposes. With the legacy public switched telephone network (PSTN), wireless, and cable systems, lawful interception (LI) was generally performed by accessing the mechanical or digital switches supporting the targets' calls. The introduction of packet switched networks, softswitch technology, and server-based applications during the past two decades fundamentally altered how LI is undertaken. Lawful interception ...
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Foreign Intelligence Surveillance Act
The Foreign Intelligence Surveillance Act of 1978 ("FISA" , ) is a United States federal law that establishes procedures for the physical and electronic surveillance and the collection of "foreign intelligence information" between "foreign powers" and "agents of foreign powers" suspected of espionage or terrorism.50 USC §1801(b) "'Agent of a foreign power' means— (1) any person other than a United States person, who— (A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States; (B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires ...
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Two Party Consent
Telephone call recording laws refer to the official legislation regarding call recording in different countries, including how or if the consent of parties is required beforehand. Australia The federal ''Telecommunications (Interception and Access) Act 1979'' and State and Territory listening devices laws may both apply to monitoring or recording of telephone conversations.Office of the Australian Information Commissioner, Advisory privacy guidelines, https://www.oaic.gov.au/agencies-and-organisations/app-guidelines/ The general rule is that the call may not be recorded. Section 7 of the ''Telecommunications (Interception and Access) Act 1979'' prohibits intercepting a telephone call. "Interception" is defined in section 6, of which one element is that it is made "without the knowledge of the person making the communication". There are exceptions to these rules in very limited circumstances, including where a warrant applies. If a call is to be recorded or monitored, an organizat ...
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Telephone Call Recording Laws
Telephone call recording laws refer to the official legislation regarding call recording in different countries, including how or if the consent of parties is required beforehand. Australia The federal ''Telecommunications (Interception and Access) Act 1979'' and State and Territory listening devices laws may both apply to monitoring or recording of telephone conversations.Office of the Australian Information Commissioner, Advisory privacy guidelines, https://www.oaic.gov.au/agencies-and-organisations/app-guidelines/ The general rule is that the call may not be recorded. Section 7 of the ''Telecommunications (Interception and Access) Act 1979'' prohibits intercepting a telephone call. "Interception" is defined in section 6, of which one element is that it is made "without the knowledge of the person making the communication". There are exceptions to these rules in very limited circumstances, including where a warrant applies. If a call is to be recorded or monitored, an organizat ...
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Patriot Act
The USA PATRIOT Act (commonly known as the Patriot Act) was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, and the commonly used short name is a contrived acronym that is embedded in the name set forth in the statute. The Patriot Act was enacted following the September 11 attacks and the 2001 anthrax attacks with the stated goal of tightening U.S. national security, particularly as it related to foreign terrorism. In general, the act included three main provisions: * expanded surveillance abilities of law enforcement, including by tapping domestic and international phones; * easier interagency communication to allow federal agencies to more effectively use all available resources in counterterrorism efforts; and * increased penalties for terrorism crimes and a ...
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Privacy
Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of appropriate use and protection of information. Privacy may also take the form of bodily integrity. The right not to be subjected to unsanctioned invasions of privacy by the government, corporations, or individuals is part of many countries' privacy laws, and in some cases, constitutions. The concept of universal individual privacy is a modern concept primarily associated with Western culture, particularly British and North American, and remained virtually unknown in some cultures until recent times. Now, most cultures recognize the ability of individuals to withhold certain parts of personal information from wider society. With the rise of technology, the debate regarding privacy has shifted from a bodily sense to a digital sense. As the ...
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Kidnapping
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the perpetrator may use a weapon to force the victim into a vehicle, but it is still kidnapping if the victim is enticed to enter the vehicle willingly (e.g. in the belief that it is a taxicab). Kidnapping may be done to demand for ransom in exchange for releasing the victim, or for other illegal purposes. Kidnapping can be accompanied by bodily injury which elevates the crime to aggravated kidnapping. Kidnapping of a child is known as child abduction, which is a separate legal category. Motivations Kidnapping of children is usually done by one parent or others. The kidnapping of adults is often for ransom or to force someone to withdraw money from an Automated teller machine, ATM, but may also be for sexual assault. Children have also been ...
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Bomb Threat
A bomb threat or bomb scare is a threat, usually verbal or written, to detonate an explosive or incendiary device to cause property damage, death, injuries, and/or incite fear, whether or not such a device actually exists. History Bomb threats were used to incite fear and violence during the American Civil Rights Movement, during which leader of the movement Martin Luther King Jr. received multiple bomb threats during public addresses, and schools forced to integrate faced strong opposition, resulting in 43 bomb threats against Central High School in Arkansas being broadcast on TV and the radio. Motivations Supposed motives for bomb threats include: "humor, self assertion, anger, manipulation, aggression, hate and devaluation, omnipotence, fantasy, psychotic distortion, ideology, retaliation," and creating chaos. Many of the motives based on personal emotion are speculative. Many bomb threats that are not pranks are made as parts of other crimes, such as extortion, arson, o ...
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Search Warrant
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process. Jurisdictions that respect the rule of law and a right to privacy constrain police powers, and typically require search warrants or an equivalent procedure for searches police conducted in the course of a criminal investigation. The laws usually make an exception for hot pursuit: a police officer following a criminal who has fled the scene of a crime has the right to enter a property where the criminal has sought shelter. The necessity for a search warrant and its abilities vary from country to country. In certain authoritarian nations, police officers may be allowed to search individuals and property without having to obtain court permission or provide justification for their act ...
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