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 or unauthorized telephone tapping is often a criminal offense. In certain jurisdictions, such as Germany and France, courts will accept illegally recorded phone calls without the other party's consent as evidence, but the unauthorized telephone tapping will still be prosecuted.

United States

In the United States, under the Foreign Intelligence Surveillance Act, federal intelligence agencies can get approval for wiretaps from the United States Foreign Intelligence Surveillance Court, a court with secret proceedings, or in certain circumstances from the Attorney General without a court order.

The telephone call recording laws in most U.S. states require only one party to be aware of the recording, while twelve states require both parties to be aware. In Nevada, the state legislature enacted a law making it legal for a party to record a conversation if one party to the conversation consented, but the Nevada Supreme Court issued two judicial opinions changing the law and requiring all parties to consent to the recording of a private conversation for it to be legal. It is considered better practice to announce at the beginning of a call that the conversation is being recorded.

The Fourth Amendment to the United States Constitution protects privacy rights by requiring a warrant to search an individual. However, telephone tapping is the subject of controversy surrounding violations of this right. There are arguments that wiretapping invades an individual's personal privacy and therefore violates their Fourth Amendment rights. On the other hand, there are certain rules and regulations, which permit wiretapping. A notable example of this is the Patriot Act. The Patriot act does, in certain circumstances, give the government permission to wiretap citizens. In addition, wiretapping laws vary per state which makes it even more difficult to determine whether the Fourth Amendment is being violated.

Canada

In Canadian law, police are allowed to wiretap without the authorization from a court when there is the risk for imminent harm, such as kidnapping or a bomb threat. They must believe that the interception is immediately necessary to prevent an unlawful act that could cause serious harm to any person or to property. This was introduced by Rob Nicholson on February 11, 2013, and is also known as Bill C-55. The Supreme Court gave Parliament twelve months to rewrite a new law. Bill C-51 (also known as the Anti-Terrorism Act) was then released in 2015, which transformed the Canadian Security Intelligence Service from an intelligence-gathering agency to an agency actively engaged in countering national security threats.

Legal protection extends to 'private communications' where the participants would not expect unintended persons to learn the content of the communication. A single participant can legally, and covertly record a conversation. Otherwise police normally need a judicial warrant based upon probable grounds to record a conversation they are not a part of. In order to be valid wiretap authorization must state: 1) the offense being investigated by the wiretap, 2) the type of communication, 3) the identity of the people or places targeted, 4) the period of validity (60 days from issue).

India

In India, the lawful interception of communication by authorized law enforcement agencies (LEAs) is carried out in accordance with Section 5(2) of the Indian Telegraph Act, 1885 read with Rule 419A of Indian Telegraph (Amendment) Rules, 2007. Directions for interception of any message or class of messages under sub-section (2) of Section 5 of the Indian Telegraph Act, 1885 shall not be issued except by an order made by the Secretary to the Government of India in the Ministry of Home Affairs in the case of Government of India and by the Secretary to the State Government in-charge of the Home Department in the case of a state government. The government has set up the Centralized Monitoring System (CMS) to automate the process of lawful interception and monitoring of telecommunications technology. The government of India on 2015 December 2 in a reply to parliament question no. 595 on scope, objectives and framework of the CMS has struck a balance between national security, online privacy and free speech informed that to take care of the privacy of citizens, lawful interception and monitoring is governed by the Section 5(2) of Indian Telegraph Act, 1885 read with Rule 419A of Indian Telegraph (Amendment) Rules, 2007 wherein oversight mechanism exists in form of review committee under chairmanship of the Cabinet Secretary at Central Government level and Chief Secretary of the State at the state government level. Section 5(2) also allows the government to intercept messages that are public emergencies or for public safety.

Methods

Official use

The contracts or licenses by which the state controls telephone companies often require that the companies must provide access to tapping lines to law enforcement. In the U.S., telecommunications carriers are required by law to cooperate in the interception of communications for law enforcement purposes under the terms of Communications Assistance for Law Enforcement Act (CALEA).

When telephone exchanges were mechanical, a tap had to be installed by technicians, linking circuits together to route the audio signal from the call. Now that many exchanges have been converted to digital technology, tapping is far simpler and can be ordered remotely by computer. This central office switch wiretapping technology using the Advanced Intelligent Network (AIN) was invented by Wayne Howe and Dale Malik at BellSouth's Advanced Technology R&D group in 1995 and was issued as US Patent #5,590,171. Telephone services provided by cable TV companies also use digital switching technology. If the tap is implemented at a digital switch, the switching computer simply copies the digitized bits that represent the phone conversation to a second line and it is impossible to tell whether a line is being tapped. A well-designed tap installed on a phone wire can be difficult to detect. In some places, some law enforcement may be able to even access a mobile phone's internal microphone even while it isn't actively being used on a phone call (unless the battery is removed or drained). The noises that some people believe to be telephone taps are simply crosstalk created by the coupling of signals from other phone lines.

Data on the calling and called number, time of call and duration, will generally be collected automatically on all calls and stored for later use by the billing department of the phone company. These data can be accessed by security services, often with fewer legal restrictions than for a tap. This information used to be collected using special equipment known as '' pen registers'' and '' trap and trace devices'' and U.S. law still refers to it under those names. Today, a list of all calls to a specific number can be obtained by sorting billing records. A telephone tap during which only the call information is recorded but not the contents of the phone calls themselves, is called a ''pen register'' tap.

For telephone services via digital exchanges, the information collected may additionally include a log of the type of communications media being used (some services treat data and voice communications differently, in order to conserve bandwidth).

Non-official use

Conversations can be recorded or monitored unofficially, either by tapping by a third party without the knowledge of the parties to the conversation or recorded by one of the parties. This may or may not be illegal, according to the circumstances and the jurisdiction.

There are a number of ways to monitor telephone conversations. One of the parties may record the conversation, either on a tape or solid-state recording device, or they may use a computer running call recording software. The recording, whether overt or covert, may be started manually, automatically when it detects sound on the line ( VOX), or automatically whenever the phone is off the hook.
*using an inductive coil tap (telephone pickup coil) attached to the handset or near the base of the telephone, picking up the stray field of the telephone's hybrid;
*fitting an in-line tap, as discussed below, with a recording output;
*using an in-ear microphone while holding the telephone to the ear normally; this picks up both ends of the conversation without too much disparity between the volumes
*more crudely and with lower quality, simply using a speakerphone and recording with a normal microphone

The conversation may be monitored (listened to or recorded) covertly by a third party by using an induction coil or a direct electrical connection to the line using a beige box. An induction coil is usually placed underneath the base of a telephone or on the back of a telephone handset to pick up the signal inductively. An electrical connection can be made anywhere in the telephone system, and need not be in the same premises as the telephone. Some apparatus may require occasional access to replace batteries or tapes. Poorly designed tapping or transmitting equipment can cause interference audible to users of the telephone.

The tapped signal may either be recorded at the site of the tap or transmitted by radio or over the telephone wires. state-of-the-art equipment operates in the 30–300 GHz range to keep up with telephone technology compared to the 772 kHz systems used in the past. The transmitter may be powered from the line to be maintenance-free, and only transmits when a call is in progress. These devices are low-powered as not much power can be drawn from the line, but a state-of-the-art receiver could be located as far away as ten kilometers under ideal conditions, though usually located much closer. Research has shown that a satellite