Section 18 Wiretapping

• Library: Employer-Employee Law 2008

The Electronic Communications Privacy Act of 1986, Pub. L. No. 99-508, 100 Stat. 1848, provides that any person who “intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication” shall be subjected to potential fines, imprisonment, or both. 18 U.S.C. § 2511(1) and (4).

Additionally, the use of an electronic or mechanical device to intercept oral communications is prohibited when:

1. such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communications; or
2. such device transmits communications by radio, or interferes with the transmission of such communications; or
3. such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or
4. such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or...