Can Phone Calls in the USA Be Monitored?

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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Can Phone Calls in the USA Be Legally Monitored?

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.

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CALEA Capabilities

The objective of CALEA implementation is to preserve law enforcement’s ability to conduct lawfully-authorized electronic surveillance while preserving public safety, the public’s right to privacy, and the telecommunications industry’s competitiveness.

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CALEA is Law

On August 15, 2000, in the case of United States Telecom Association, et al., Petitioners v. Federal Communications Commission and United States of America, respondents and AirTouch Communications, Inc., Interveners. (D.C. Circuit, August 15, 2000) the United States Court of Appeals for the District of Columbia Circuit partially vacated and remanded to the Federal Communications Commission the Third Report and Order FCC 99-230. The court vacated the FCC’s decision with respect to four Punch List capabilities: dialed digit extraction, party/hold/join/drop information, subject initiated dialing and signaling, and in-band/out-of-band signaling. The court’s ruling requires the FCC to reconsider whether these four Punch List items are mandated by CALEA, and to enter a new decision in accordance with the court’s instructions.

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CALEA’s – Tap and Trace

In October 1994, Congress took action to protect public safety and ensure national security by enacting the Communications Assistance for Law Enforcement Act of 1994 (CALEA), Pub. L. No. 103-414, 108 Stat. 4279. The law further defines the existing statutory obligation of telecommunications carriers to assist law enforcement in executing electronic surveillance pursuant to court order or other lawful authorization. The objective of CALEA implementation is to preserve law enforcement’s ability to conduct lawfully-authorized electronic surveillance while preserving public safety, the public’s right to privacy, and the telecommunications industry’s competitiveness.

May 3, 2006 Second Report, Memorandum Opinion, and Order — The primary goal of the Order is to ensure that Law Enforcement Agencies have all of the resources that CALEA authorizes with regard to facilities-based broadband Internet access providers (ISP) and interconnected voice over Internet protocol (VOIP) providers.

Are Phone Calls in the USA Monitored?

A common question people ask is if phone calls within the United States are recorded or monitored by third parties like the government or law enforcement.

The answer is YES.  The “Trap and Trace” law requires telephone companies to integrate software or hardware into their system to allow “law enforcement” instant access to any phone calls that are taking place at any time.  All phone companies were required to install this software/hardware by the end of 2006.

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