What are the rules governing federal wiretaps?

Federal wiretapping is a form of surveillance that is governed by federal laws. In Washington, federal wiretapping laws are found in Title 18, Section 2510-2522 of the United States Code. These laws provide the legal framework for the federal government to conduct wiretaps when authorized by the court. A federal wiretap must first be authorized by a judge. The judge will only approve a wiretap after reviewing a written application from a federal investigative agent that includes the facts to show why the wiretap is necessary. The authorization must also include specific information as to the target of the wiretap, the type of communications to be intercepted, and the length of the wiretap. Wiretaps must be conducted in a way that minimizes the interception of communications that are unrelated to the investigation. This means that the wiretap must be confined to the target of the investigation, and the duration and scope of the intercept must be reasonable. In addition, all intercepted communications must be “sealed” or recorded and must be stored in a secure place. This information cannot be shared or used as evidence in court unless it is necessary to further the investigation. All intercepted communications must be reported to the judge who issued the wiretap authorization. Finally, the federal government must terminate the wiretap once the investigation is concluded.

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What are the rules governing federal wiretaps?

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