NCJ Number
108152
Journal
American Journal of Comparative Law Volume: 34, supplement Dated: (1986) Pages: 491-498
Date Published
1986
Length
8 pages
Annotation
Although the lack of Federal court cases or legislative proposals regarding electronic surveillance suggests that the Federal law passed in 1968 has resolved constitutional issues on this subject, it is not clear that the law's provisions meet the needs of contemporary notions of privacy.
Abstract
The law reflected the fourth amendment's negative focus in forbidding certain actions. Thus, it regulates electronic surveillance by both State and Federal authorities while forbidding outright nearly all private electronic surveillance. Recognizing that the framers of the U.S. Constitution did not forbid all forms of eavesdropping, the Federal code and courts permit wide use of informants and nontrespassory eavesdropping. However, additional protections could be justified. For example, adequate damages should be available in the event of police revelations of innocent conversations of a private nature, and measures like fines for police agents should be considered to deter such revelation. In addition, the law has not resolved the issue of the use of criminal evidence regarding parties that were not the subject of the monitoring, but whose conversations were detected by the electronic surveillance. The law also has two technical problems: an overly broad provision on emergency surveillance and a dependence on strict judicial enforcement for its protections to be effective. Further experience with the law may indicate whether changes are needed to balance the interests of law enforcement with the interests of privacy. 24 footnotes.