The Wiretap Act (1968, amended)

The federal Wiretap Act (1968, amended) governs real-time interception of the contents of a communication.

does not apply to transmission information
forbids the real-time interception of any wire, oral, or electronic communication
forbid the use of eavesdropping technologies without a court order
protects all email, radio communications, data transmission, and telephone calls
Amendments to the original Wiretap Act include protection for electronic communications
violators can be fined or imprisoned for up to 5 years or both
forbids using network sniffers to intercept internet traffic or other computer-based communication

Exceptions

Law enforcement can install telephone wiretaps or network sniffers if it has a court order (warrant) to do so

The Consent Exception
- may monitor content on its own communications systems when one of the parties to the communication consents to the monitoring
- gather consent is by using network banners
  - is a warning banner that provides notice of legal rights to the users of computer networks
The Provider Exception
- can monitor its communications systems to protect its “rights or property”
- must be reasonable and done in the ordinary course of business
The Trespasser Exception
- allows the entity to ask the government to help in intercepting the communications of a computer trespasser
- must meet the following conditions:
  - Law enforcement must get the consent of the private entity
  - interception must be legal
  - interception must be part of a legitimate investigation
  - interception must not monitor the communications of anyone other than the trespasser