WIRETAPPING, EAVESDROPPING AND YOUR RIGHT TO PRIVACY

• NCJ Number: 9704
• Journal: COMMUNICATIONS (MARCH 1973) Pages: 28 & 30-41
• Author(s): ANON
• Date Published: 1973
• Length: 8 pages
• Corporate Author: Communications Publishing Corporation
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE POSITIVE AND NEGATIVE ASPECTS OF TITLE III OF THE 1968 CRIME CONTROL ACT WHICH WAS THE FIRST FEDERAL LAW REGULATING WIRETAPPING AND ELECTRONIC EAVESDROPPING.

Abstract

THE MAIN THEME OF THIS ARTICLE POINTS OUT THE EXCEPTIONS TO THE GENERAL ANTI-WIRETAPPING PROVISIONS OF THE CRIME CONTROL ACT. SOME OF THE COMPLEX QUESTIONS WHICH ARISE WHEN INTERPRETING THE ACT'S PROVISIONS ARE WHETHER AN EMPLOYER CAN MONITOR THE TELEPHONES OF HIS EMPLOYEES, HOW TO APPLY THE 'CONSENT DOCTRINE' WHICH ALLOWS A PERSON TO INTERCEPT A COMMUNICATION WHEN ONE OF THE PARTIES HAS CONSENTED, AND TO WHAT DEGREE MUST NATIONAL SECURITY BE ENDANGERED BEFORE A GOVERNMENT AGENT CAN USE ELECTRONIC SURVEILLANCE WITHOUT A COURT ORDER. THE SUPREME COURT CASE WHICH LIMITED THE NATIONAL SECURITY EXCEPTION TO THE WARRANT REQUIREMENT TO THE ACTIVITIES OF FOREIGN ADVERSARIES IS DISCUSSED AND COMMENDED.