What are the rules governing federal wiretaps?

Federal wiretaps are authorized under the federal Wiretap Act, which was enacted to protect the privacy of Americans. The Wiretap Act states that federal investigators must obtain a court order before they can wiretap telephone calls or other electronic communications. This court order must be issued by a federal judge and must contain specific information regarding the nature of the investigation and the reason why the wiretap is necessary. In order to obtain a federal wiretap order, federal investigators must demonstrate to the judge that there is probable cause that a crime has been, or is about to be, committed. Additionally, the wiretap must be necessary for the investigation and cannot be obtained through alternative means. Once a federal wiretap order is granted, investigators must also provide notice to the person who is the subject of the wiretap within 90 days of the order being granted. This notice informs the person of the fact that their conversations have been recorded. Overall, federal wiretaps must be used within certain parameters in order to protect the right to privacy of all Americans. Any missteps on the part of federal investigators could result in the wiretap order being thrown out by the court. The federal Wiretap Act is designed to balance the rights of the public and the need to fight crime.

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What are the rules governing federal wiretaps?

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