A Brief Understanding Of Bugging and Taping Conversations in Divorce Proceeding
When it comes to child custody and divorce issues, each party
is
affected; more so if a disagreement comes up. One of the most
common questions family law lawyers are asked is if a person is allowed
to bug and tape phone conversations. Here’s the thing about the two
terms: bugging and taping. They are not to be used
interchangeably. They have two different meanings and are two
completely issues.
What Is Bugging or
Wiretapping?
Wiretapping
or bugging is the process of intercepting, recording and eavesdropping
on a person’s phone conversation using an electronic device that’s
planted on the line or phone. For private individuals, this is illegal.
Law enforcement can only carry out wiretapping when they have a warrant
or court order. Basically, it’s to listen in on the
conversation
of two unsuspecting individuals.
It’s an invasion of their
privacy and an infringement of their rights. If you carry out this
task, you open yourself up to legal prosecution and could be sued for
damages in a civil claim. Legal questions are often asked
about
the recordings because the bug is typically placed without the
knowledge of the person being recorded. It could lead to problems of
trespass or some other similar infraction.
What Is Taping?
Telephone
taping is basically a recording of conversations made on the
telephone. Each state has its own legalities on taping. Some
states allow it if one person knows about the taping while, in other
states, both parties must know about it. When it comes to federal laws,
the stipulations are also different.
12 states demand that every party know that the recording is going on. If you are a resident of a state that allows for one party knowing but your spouse lives in a state that demands both parties know about the recording, you must inform your spouse of the recording. Still, the best thing you can do for yourself is talk with your attorney about taping before you start the action.
The rules you need to know
If a person tapes conversations without any of the parties knowing, it’s illegal: According to The Electronic Communications Privacy Act and the Stored Communications Act, any action to intercept wire/oral or electronic communication is against the law under the Title 1 section. The other section, Title 2 bans any action of gaining unauthorized access to the party's information. Therefore, violation of this federal wire tapping act could result in court ordered injunctions and criminal charges with penalties and fines. There are also damages to your status in your environment, either financially or emotionally.
How many times have you heard a
company tell you the phone call may be recorded for training purposes
before you even speak to a customer service representative? When you
continue the call, it means you know the conversation is being recorded
and that you agreed to it.
It can be tempting to record
conversations during a contested divorce. However, the legal
implications that go along with it can be significant. It’s illegal to
record a conversation or bug a person’s phone especially if none of the
parties know it’s going on. It may be legal to tape
conversations
in some states, but, before you do this, talk with your lawyer about
it. Find out if the action you want to take is illegal in
your
state.