Is it illegal to tap your phone, such as the Patriot Act does?

Question

I mean, the Patriot Act only taps your phone when you make international calls, or speaking to someone outside the US, correct?

Dude, thanks for the sarcasm, I appreciate that in my cynical questions, not my serious ones. Yes, when I call my relatives in Poland also, they listen, or my friends in the country of Georgia

Answer 1

Government records of who they listen in on are labeled secret information but yes they are supposed to be only calls in which at least one party is on foreign soil as far as not having to get the court approval.actually I think it could be two way American calls if one is already being investigated for possible terrorism. But it is really kinda moot who the hell would know? They don't have an overseer and its national security ya know. and if your not guilty you don't have anything to hide...right? Stupidest argument in the world I apologize for repeating that nonsense.... just_curious if they pass a law where they can put your grandmother in a consentration camp it would be legal!

Answer 2

"Pen registers" ascertain phone numbers dialed from a suspect's telephone; "Trap and trace" devices monitor the source of all incoming calls. Neither reveals the content of communication. Patriot removes the warrant requirement for these taps so long as the government can certify that the information likely to be obtained is "relevant" to an ongoing investigation against international terrorism.

The law before and how it changed: Under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, a traditional phone wiretap could be obtained on a showing of probable cause that one of an enumerated list of crimes had been committed. Warrants were valid for only 30 days, and the government needed to report back to the court. Under the 1978 Foreign Intelligence Surveillance Act the requirements for a wiretap order were more minimal: The FBI didn't need probable cause or even reasonable suspicion to install a tap, but only had to certify to a judge that information resulting from such a warrant would be "relevant" to an ongoing criminal investigation. Section 214 doesn't change this standard but broadens the reach—making the FISA pen register/trap-and-trace power available in both criminal and foreign intelligence investigations, so long as the government merely certifies that the information obtained would be "relevant to an ongoing investigation." The probable-cause requirement in criminal cases is gone. Courts may not inquire into the truthfulness of the allegations before authorizing a tap.

Answer 3

The 6th Circuit is about to decide whether it's still legal. This is not actually a Patriot Act provision. The President has had the right to do warentless wire taps for foreign intelligence purposes only since forever. The court has ruled on it many times. However, after the enaction of the FISA court in 1978, there's gray area. The Detroit judge said it was illegal. It was appealled to the 6th Circuit that allowed the tapping to continue until it could be ruled upon by them. So, yes, if you're calling the mountains of Tora Bora someone's probably listening. 100% domestic calls require a warrant, but you do not have to be told they have a warrant.

Answer 4

With a court order or government approval, it is legal to tap, trace and intercept any phone conversations.
In some states (such as NY) as long as one-party consents, then you don't even need a court order or government approval.
Domestic calls have been covered for years under RICO and other laws.

Answer 5

So if I wanted to get into contact with my distant relatives in poland, the government should have a right to listen to what I'm saying to great aunt Malinowska?

Really, if I was calling Saudi Arabia I could understand...

Answer 6

First of all they only tap incoming calls. Second of all if the patriot act is passed as law then it has to be legal.

Answer 7

i think of I consider Rush and Glenn that i do no longer even comprehend who the enemy is anymore. be careful what you're saying on line or on the telephone, my pals. perchance you could desire to advance a secret code word or 2 with family individuals in case you could desire to debate something? What i'm terrified of is that particular people who're no danger in any respect are being focused and that information amassed is getting used to destroy them. we live interior the USA of a and are we unfastened in any respect? i'm undecided anymore, are you?

Answer 8

I think Congress got the required votes, which is what makes it legal or not.

Of course, if someone thought they were wrongfully charged (or listened in on), they could always sue in the S. Ct.

I'm pretty sure there have been agencies doing this for 20 years or more.

Answer 9

No anyone can tap their own phone, Patriot Act is for gov. entities.

Answer 10

first off get the technological term correct. you can only tap the phone if they have entered into your residence and placed a tap on the line. what the patriot act allows for is intercepts of the satellite signals... big difference