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78-521: The Protect America Act of 2007 ( PAA ), ( Pub. L.   110–55 (text) (PDF) , 121  Stat.   552 , enacted by S. 1927 ), is a controversial amendment to the Foreign Intelligence Surveillance Act (FISA) that was signed into law by U.S. President George W. Bush on August 5, 2007. It removed the warrant requirement for government surveillance of foreign intelligence targets "reasonably believed" to be outside

156-447: A 'scanning all-band receiver' because the system used an analog transmission system-like an ordinary radio transmitter. Instead, digital phones are harder to monitor because they use digitally encoded and compressed transmission. However the government can tap mobile phones with the cooperation of the phone company. It is also possible for organizations with the correct technical equipment to monitor mobile phone communications and decrypt

234-489: A FISA surveillance warrant, a FISC foreign agent definition was required). This data could be monitored only if intelligence officials acted in the context of intelligence information gathering. No mention of foreign agent status is made in the Protect America Act of 2007. Under prior FISA rules, persons targeted for surveillance must have been declared as foreign agents before a FISA warrant would be accorded by

312-470: 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

390-471: A satellite can be used to receive terrestrial transmissions with a power of a few milliwatts. Any sort of radio transmitter whose presence is suspected is detectable with suitable equipment. Conversation on many early cordless telephones could be picked up with a simple radio scanner or sometimes even a domestic radio. Widespread digital spread spectrum technology and encryption has made eavesdropping increasingly difficult. A problem with recording

468-644: A slip law and in the United States Statutes at Large after receiving the act. Thereafter, the changes are published in the United States Code . Through the process of judicial review , an act of Congress that violates the Constitution may be declared unconstitutional by the courts. A judicial declaration that an act of Congress is unconstitutional does not remove the act from the Statutes at Large or

546-415: A continuous circuit and disconnect the wires when the call ended). All other telephone services, such as call forwarding and message taking, were handled by human operators. The earliest wiretaps were extra wires — physically inserted to the line between the switchboard and the subscriber — that carried the signal to a pair of earphones and a recorder. Later, wiretaps were installed at the central office on

624-536: A conversation, which requires that it is expected to reveal evidence to a crime. State agents may record conversations, but must obtain a warrant to use them as evidence in court. The history of voice communication technology began in 1876 with the invention of Alexander Graham Bell 's telephone. In the 1890s, "law enforcement agencies begin tapping wires on early telephone networks". Remote voice communications "were carried almost exclusively by circuit-switched systems," where telephone switches would connect wires to form

702-505: 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

780-420: A direct tap much better. Mobile phones are, in surveillance terms, a major liability. For mobile phones the major threat is the collection of communications data. This data does not only include information about the time, duration, originator and recipient of the call, but also the identification of the base station where the call was made from, which equals its approximate geographical location. This data

858-785: A history of presidential operations that had used surveillance on domestic and foreign political organizations. A difference between US wiretapping in the US and elsewhere is that, when operating in other countries, "American intelligence services could not place wiretaps on phone lines as easily as they could in the U.S." Also, in the US, wiretapping is regarded as an extreme investigative technique, while communications are often intercepted in some other countries. The National Security Agency (NSA) "spends billions of dollars every year intercepting foreign communications from ground bases, ships, airplanes and satellites". FISA distinguishes between U.S. persons and foreigners, between communications inside and outside

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936-564: 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). Conversations can be recorded or monitored unofficially, either by tapping by

1014-454: A person'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 , which, in certain circumstances, gives the government permission to wiretap citizens. In addition, wiretapping laws vary per state , making it even more difficult to determine whether

1092-560: 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

1170-441: 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

1248-526: A specific federal statute (FISA) and the warrant requirement of the Fourth Amendment to the United States Constitution . The President claimed his authorization was consistent with other federal statutes ( AUMF ) and other provisions of the Constitution, also stating that it was necessary to keep America safe from terrorism and could lead to the capture of notorious terrorists responsible for

1326-407: A telephone conversation is that the recorded volume of the two speakers may be very different. A simple tap will have this problem. An in-ear microphone, while involving an additional distorting step by converting the electrical signal to sound and back again, in practice gives better-matched volume. Dedicated, and relatively expensive, telephone recording equipment equalizes the sound at both ends from

1404-519: 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

1482-546: Is a statute enacted by the United States Congress . Acts may apply only to individual entities (called private laws ), or to the general public ( public laws ). For a bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of the United States , be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by

1560-549: 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

1638-979: Is called a "Sunset" only applied to the first iteration of Directive-issuance, for Directives that may be in activity in the current day. Whereas it is generally understood that the FISA Amendments of 2008 repealed the Protect America Act, this is not the case for existing directives and authorizations. Section 404 (Transition Procedures) allows for continuance of Protect America Act Sections 105A, 105B and 105C for all existing orders. So for authorizations for intelligence information and directives issued under such authorizations, Protect America Act application continues to apply. Section 404 (Continuance Procedures) allows for continued authorizations and directives to be renewed under same circumstances indefinitely; It also allowed for continuance of Immunities for persons and corporations (including but not limited to telecoms) under FISA 2008 Amendments. Controversial debates arose as

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1716-496: Is made by the third method, the presiding officer of the house that last reconsidered the act promulgates it. Under the United States Constitution , if the president does not return a bill or resolution to Congress with objections before the time limit expires, then the bill automatically becomes an act; however, if the Congress is adjourned at the end of this period, then the bill dies and cannot be reconsidered (see pocket veto ). If

1794-410: Is sometimes used in informal speech to indicate something for which getting permission is burdensome. For example, "It takes an act of Congress to get a building permit in this town." An act adopted by simple majorities in both houses of Congress is promulgated , or given the force of law, in one of the following ways: The president promulgates acts of Congress made by the first two methods. If an act

1872-514: Is stored with the details of the call and has utmost importance for traffic analysis . It is also possible to get greater resolution of a phone's location by combining information from a number of cells surrounding the location, which cells routinely communicate (to agree on the next handoff—for a moving phone) and measuring the timing advance , a correction for the speed of light in the GSM standard. This additional precision must be specifically enabled by

1950-401: Is used to monitor websites that presumably contain dangerous or sensitive materials, and the people that access them. It is allowed in the US by the Patriot Act , but is considered a questionable practice by many. In Canada, anyone is legally allowed to record a conversation as long as they are involved in the conversation. The police must apply for a warrant beforehand to legally eavesdrop on

2028-587: The FISC court. Vastly marketed by U.S. federal and military agencies as a law to prevent terror attacks, the Protect America Act was actually a law focused on the 'acquisition' of desired intelligence information, of unspecified nature. The sole requirement is geolocation outside the United States at time of Directive invocation; pursuant to Authorization or Order invocation, surveillance Directives can be undertaken towards persons targeted for intelligence information gathering. Implementation of Directives can take place inside

2106-710: The Federal Bureau of Investigation (FBI), United States Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and Drug Enforcement Administration (DEA) wanted to expand CALEA requirements to VoIP service.” The Federal Communications Commission (FCC) ruled in August 2005 that “broadband-service providers and interconnected VoIP providers fall within CALEA's scope. Currently, instant messaging, web boards and site visits are not included in CALEA's jurisdiction. In 2007 Congress amended FISA to "allow

2184-955: The Federal Communications Commission was asked to clarify how the Communications Assistance for Law Enforcement Act (CALEA) related to Internet service providers. The FCC stated that “providers of broadband Internet access and voice over Internet protocol (“VoIP”) services are regulable as “telecommunications carriers” under the Act.” Those affected by the Act will have to provide access to law enforcement officers who need to monitor or intercept communications transmitted through their networks. As of 2009, warrantless surveillance of internet activity has consistently been upheld in FISA court . The Internet Engineering Task Force has decided not to consider requirements for wiretapping as part of

2262-599: The Greek telephone tapping case 2004–2005 more than 100 mobile phone numbers belonging mostly to members of the Greek government, including the Prime Minister of Greece , and top-ranking civil servants were found to have been illegally tapped for a period of at least one year. The Greek government concluded this had been done by a foreign intelligence agency, for security reasons related to the 2004 Olympic Games , by unlawfully activating

2340-467: The September 11 attacks in 2001. In 2008, Wired and other media reported a lamplighter disclosed a "Quantico Circuit", a 45-megabit/second DS-3 line linking a carrier's most sensitive network in an affidavit that was the basis for a lawsuit against Verizon Wireless. The circuit provides direct access to all content and all information concerning the origin and termination of telephone calls placed on

2418-527: 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,

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2496-615: The other party's consent as evidence, but the unauthorized telephone tapping will still be prosecuted. 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

2574-567: The 1990s to the present, the majority of communications between fixed locations has been achieved by fiber. Because these fiber communications are wired, they are protected under U.S. law. In 1978, the US Foreign Intelligence Surveillance Act (FISA) created a "secret federal court" for issuing wiretap warrants in national security cases. This was in response to findings from the Watergate break-in, which allegedly uncovered

2652-474: 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

2730-514: The Act's provisions as simply a "phony court review of secret procedures." In a heavily-redacted opinion released on January 15, 2009, a United States Foreign Intelligence Surveillance Court of Review ruling was made in favor of the warrantless wiretapping role of the Protect America Act 2007. It was only the second such public ruling since the enactment of the FISA Act. Act of Congress#Public law, private law, designation An act of Congress

2808-637: The Act. Under the bill, the director of national intelligence and the attorney general could authorize the surveillance of all communications involving persons outside the United States (U.S. citizens and non-U.S. citizens). The Foreign Intelligence Surveillance Court, normally the venue for intelligence-related warrants, was limited in power by the Protect America Act to an accept or reject power for government guidelines related to persons (U.S. and non-U.S. citizens) targeted for intelligence information gathering . The Attorney General would report to Congress semi-annually with: Senator Mitch McConnell introduced

2886-639: The Administration's warrant-free surveillance program is a violation of the Fourth Amendment to the United States Constitution against warrantless search, and, a criminal violation of FISA. The Bush administration maintained that the warrant requirements of FISA were implicitly superseded by the subsequent enactment of the Authorization for Use of Military Force Against Terrorists , and that

2964-488: 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

3042-593: 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. In Pakistan, Inter-Services Intelligence (ISI) is authorised by the Ministry of Information Technology and Telecommunication to intercept and trace telecommunications, as stipulated under Section 54 of

3120-429: The Fourth Amendment is being violated. 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

3198-865: 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

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3276-670: The Nazis. This was done through an isolated rental property just outside of Paris . Keller's group became known to SOE (and later Allied military intelligence generally) as "Source K". They were later betrayed by a mole within the French resistance, and Keller was murdered in the Bergen-Belsen concentration camp in April 1945. The first computerized telephone switch was developed by Bell Labs in 1965; it did not support standard wiretapping techniques. In

3354-656: The President's inherent authority under Article II of the Constitution to conduct foreign surveillance trumped the FISA statute. However, the Supreme Court decision in Hamdan v. Rumsfeld placed the legitimacy of this argument into question. On July 28, 2007, President Bush announced that his Administration had submitted a bill to Congress to amend FISA. He suggested that the current law

3432-416: The Protect America Act of 2007 remains functional as part of the "FISA Amendments Act of 2008". The Act provided for six months of time for new Directives to be issued: Each Directive exists for 10 years, and is renewable. There is no public review of PAA Directives, so the number of Directives issued is unknown. Also unknown is the renewal-rate of prior Protect America Act Directives. In other words, what

3510-434: The Protect America Act was published. Constitutional lawyers and civil liberties experts expressed concerns that this Act authorized massive, wide-ranging information gathering with no oversight. While it placed significant focus on communications, the Act allowed for information gathering of all shapes and forms. The ACLU called it the "Police America Act", calling the blank-check oversight provisions "meaningless," and defining

3588-492: The U.S. Supreme Court ruled that wiretapping (or “intercepting communications”) requires a warrant in Katz v. United States . In 1968 Congress passed a law that provided warrants for wiretapping in criminal investigations. In the 1970s, optical fibers become a medium for telecommunications. These fiber lines, "long, thin strands of glass that carry signals via laser light," are more secure than radio and have become very cheap. From

3666-470: The U.S., and between wired and wireless communications. Wired communications within the United States are protected, since intercepting them requires a warrant, but there is no regulation of US wiretapping elsewhere. In 1994, Congress approved the Communications Assistance for Law Enforcement Act (CALEA), which “requires telephone companies to be able to install more effective wiretaps. In 2004,

3744-507: The United States Code; rather, it prevents the act from being enforced. However, the act as published in annotated codes and legal databases is marked with annotations indicating that it is no longer good law. Telephone tapping 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

3822-462: The United States or outside the United States. No criminal or terrorism investigation of the person need be in play at time of the Directive. All that need be required is that the target be related to an official desire for intelligence information gathering for actions on part of persons involved in surveillance to be granted full immunity from U.S. criminal or civil procedures, under Section 105B(l) of

3900-767: The United States. The FISA Amendments Act of 2008 reauthorized many provisions of the Protect America Act in Title VII of FISA. In December 2005, the New York Times published an article that described a surveillance program of warrantless domestic wiretapping ordered by the Bush administration and carried out by the National Security Agency in cooperation with major telecommunications companies since 2002 (a subsequent Bloomberg article suggested that this may have already begun by June 2000). Many critics have asserted that

3978-603: The act on August 1, 2007, during the 110th United States Congress . On August 3, it was passed in the Senate with an amendment, 60–28 (record vote number 309). On August 4, it passed the House of Representatives 227–183 (roll number 836). On August 5, it was signed by President Bush, becoming Public Law No. 110-055. In the strict sense, the PAA-2008 expired on February 17, 2008, due to the sunset provision, but for purposes of practical application,

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4056-411: The audio. To the mobile phones in its vicinity, a device called an " IMSI-catcher " pretends to be a legitimate base station of the mobile phone network, thus subjecting the communication between the phone and the network to a man-in-the-middle attack . This is possible because, while the mobile phone has to authenticate itself to the mobile telephone network, the network does not authenticate itself to

4134-500: The bill, 227–183 ( House Roll Call 836 ) on August 3, 2007. The bill altered the original 1978 law in many ways, including: The bill amended FISA to substitute the requirement of a warrant to conduct surveillance with a system of NSA (National Security Agency) internal controls. The bill required notification to the FISA Court of warrantless surveillance within 72 hours of any authorization. The bill also required that "a sealed copy of

4212-417: The bill, the monitoring of data related to Americans communicating with persons (U.S citizens and non-citizens) outside the United States who are the targets of a U.S. government intelligence information gathering efforts was addressed. The Protect America Act differed from the FISA in that no discussion of actions or character judgment of the target was required for application of the statute (i.e., to receive

4290-431: The certification" be sent which would "remain sealed unless the certification is needed to determine the legality of the acquisition." The bill allowed the monitoring of all electronic communications of "Americans communicating with foreigners who are the targets of a U.S. terrorism investigation" without a court's order or oversight, so long as it is not targeted at one particular person "reasonably believed to be" inside

4368-633: The communications of Rev. Martin Luther King Jr. The wiretaps remained in place until April 1965 at his home and June 1966 at his office. Before the attack on Pearl Harbor and the subsequent entry of the United States into World War II , the U.S. House of Representatives held hearings on the legality of wiretapping for national defense. Significant legislation and judicial decisions on the legality and constitutionality of wiretapping had taken place years before World War II. However, it took on new urgency at that time of national crisis. The actions of

4446-507: The country. The Act removed the requirement for a FISA warrant for any communication which was foreign-related, even if the communication involved a U.S. location on the receiving or sending end of communication; all foreign-foreign communications were removed from warrant requirements, as well. Experts claimed that this deceptively opened the door to domestic spying, given that many domestic U.S. communications passed via non-US locations, by virtue of old telephony network configurations. In

4524-553: The frames that held the incoming wires. In late 1940, the Nazis tried to secure some telephone lines between their forward headquarters in Paris and a variety of Fuhrerbunkers in Germany. They did this by constantly monitoring the voltage on the lines, looking for any sudden drops or increases in voltage indicating that other wiring had been attached. However, the French telephone engineer Robert Keller succeeded in attaching taps without alerting

4602-512: The government regarding wiretapping for the purpose of national defense in the current war on terror have drawn considerable attention and criticism. In the World War II era, the public was also aware of the controversy over the question of the constitutionality and legality of wiretapping. Furthermore, the public was concerned with the decisions that the legislative and judicial branches of the government were making regarding wiretapping. In 1967,

4680-454: The government to monitor more communications without a warrant". In 2008 President George W. Bush expanded the surveillance of internet traffic to and from the U.S. government by signing a national security directive. The NSA warrantless surveillance (2001–2007) controversy was discovered in December 2005. It aroused much controversy after then President George W. Bush admitted to violating

4758-486: 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

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4836-530: The lawful interception subsystem of the Vodafone Greece mobile network. An Italian tapping case which surfaced in November 2007 revealed significant manipulation of the news at the national television company RAI . Many state legislatures in the United States enacted statutes that prohibited anyone from listening in on telegraph communication. Telephone wiretapping began in the 1890s, and its constitutionality

4914-474: The legislation before its August 2007 recess, stating that "Every day that Congress puts off these reforms increases the danger to our nation. Our intelligence community warns that under the current statute, we are missing a significant amount of foreign intelligence that we should be collecting to protect our country". On August 3, 2007, the Senate passed the bill ( S. 1927 ) in a vote of 60 to 28( 110th Congress 1st Session Vote 309 ). The House followed by passing

4992-447: The line ( VOX ), or automatically whenever the phone is off the hook. 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

5070-400: 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)

5148-475: The phone. There is no defense against IMSI-catcher based eavesdropping, except using end-to-end call encryption; products offering this feature, secure telephones , are already beginning to appear on the market, though they tend to be expensive and incompatible with each other, which limits their proliferation. Logging the IP addresses of users that access certain websites is commonly called "webtapping". Webtapping

5226-445: The president rejects a bill or resolution while the Congress is in session, a two-thirds vote of both houses of Congress is needed for reconsideration to be successful. Promulgation in the sense of publishing and proclaiming the law is accomplished by the president, or the relevant presiding officer in the case of an overridden veto, delivering the act to the archivist of the United States . The archivist provides for its publication as

5304-416: The president, receive a congressional override from 2 ⁄ 3 of both houses. In the United States, acts of Congress are designated as either public laws , relating to the general public, or private laws , relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X is the number of the Congress and Y refers to

5382-587: The process for creating and maintaining IETF standards. Typically, illegal Internet wiretapping is conducted via Wi-Fi connection to someone's Internet by cracking the WEP or WPA key, using a tool such as Aircrack-ng or Kismet . Once in, the intruder relies on a number of potential tactics, for example an ARP spoofing attack, allowing the intruder to view packets in a tool such as Wireshark or Ettercap . The first generation mobile phones ( c.  1978 through 1990) could be easily monitored by anyone with

5460-443: 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 a person. However, telephone tapping is the subject of controversy surrounding violations of this right. There are arguments that wiretapping invades

5538-463: The relevant Act, in July 2024. Under the authorization, ISI officers of at least grade 18, subject to periodic designation, are empowered to surveil calls and messages. 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

5616-408: The sequential order of the bill (when it was enacted). For example, P. L. 111–5 ( American Recovery and Reinvestment Act of 2009 ) was the fifth enacted public law of the 111th United States Congress . Public laws are also often abbreviated as Pub. L. No. X–Y. When the legislation of those two kinds are proposed, it is called public bill and private bill respectively. The word "act", as used in

5694-514: The telephone company—it is not part of the network's ordinary operation. In 1995, Peter Garza , a Special Agent with the Naval Criminal Investigative Service , conducted the first court-ordered Internet wiretap in the United States while investigating Julio Cesar "Griton" Ardita. As technologies emerge, including VoIP , new questions are raised about law enforcement access to communications (see VoIP recording ). In 2004,

5772-431: 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. As of 2007 state-of-the-art equipment operates in

5850-483: The term "act of Congress", is a common, not a proper noun . The capitalization of the word "act" (especially when used standing alone to refer to an act mentioned earlier by its full name) is deprecated by some dictionaries and usage authorities. However, the Bluebook requires "Act" to be capitalized when referring to a specific legislative act. The United States Code capitalizes "act". The term "act of Congress"

5928-472: The type of communication, 3) the identity of the people or places targeted, 4) the period of validity (60 days from issue). 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

6006-554: Was "badly out of date" – despite amendments passed in October 2001 – and did not apply to disposable cell phones and Internet-based communications. The bill he submitted to Congress would address these new technologies, Bush said, as well as restore FISA's "original focus" on protecting the privacy of people within the United States, "so we don't have to obtain court orders to effectively collect foreign intelligence about foreign targets located in foreign locations." He asked that Congress pass

6084-569: Was established in the Prohibition -Era conviction of bootlegger Roy Olmstead . Wiretapping has also been carried out in the US under most presidents, sometimes with a lawful warrant since the Supreme Court ruled it constitutional in 1928. On October 19, 1963, U.S. Attorney General Robert F. Kennedy , who served under John F. Kennedy and Lyndon B. Johnson , authorized the FBI to begin wiretapping

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