Emerging technology has raised questions about how, and under what circumstances and situations, law enforcement agencies can tap into and trace phone calls. As new and enhanced telecommunications systems develop, the debate over this issue becomes more intense.
At this point, law enforcement officers and intelligence agencies can seek permission from the courts to enact surveillance of telephone and computers as part of an investigation. They are authorized to do so by the Wiretapping Act of 1968, the Communications Assistance for Law Enforcement Act of 1994 (CALEA), and the Patriot Act of 2001. Investigations involving monitoring phone calls must be specifically for solving a criminal case or intended for national security purposes.
According to the 2007 Wiretap Report, federal and state courts issued 2,208 orders for the interception of wireless, local phone, or Internet communications in 2007. This represents a 20-percent increase over the previous year.
Law enforcement agencies are, when warranted, able to tape the specifics of a conversation or to trace the origins of a call without either party on the call being aware of the surveillance. Under the provisions of CALEA, this applies to all telecommunications companies including VoIP—Voice Over Internet Protocol—services.
Communications over fiber optic systems are more difficult to tap and monitor. With fiber optic technology, picking up on transmissions can be more difficult.
If a phone tap is implemented, a computer copies the digitized 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.
The American Civil Liberties Union has fought the expansion of law enforcement surveillance practices of telephone and computer conversations for decades. However it has been mostly unsuccessful.
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