Is Eavesdropping Legal
Full Question:
Is it legal for someone to eavesdrop outside of apartment doors?
12/12/2008 |
Category: Civil Rights ยป Privacy |
State: New York |
#14794
Answer:
The federal and state statutes that govern eavesdropping require interception of a conversation. The "interception" of a "private communication" is not merely listening to a private communication but includes the means used to "acquire" the "private communication". “Intercept” means to acquire the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. If the landlord is intercepting a private conversation, the federal law provides an exemption if done under the with the terms of a court order, statutory authorization, or certification under federal wiretapping law.
The following are NY statutes:
§ 250.00 Penal. Eavesdropping; definitions of terms.
The following definitions are applicable to this article:
1. "Wiretapping" means the intentional overhearing or recording of a
telephonic or telegraphic communication by a person other than a sender or
receiver thereof, without the consent of either the sender or receiver, by
means of any instrument, device or equipment. The normal operation of a
telephone or telegraph corporation and the normal use of the services and
facilities furnished by such corporation pursuant to its tariffs or
necessary to protect the rights or property of said corporation shall not
be deemed "wiretapping."
2. "Mechanical overhearing of a conversation" means the intentional
overhearing or recording of a conversation or discussion, without the
consent of at least one party thereto, by a person not present thereat, by
means of any instrument, device or equipment.
3. "Telephonic communication" means any aural transfer made in whole or
in part through the use of facilities for the transmission of
communications by the aid of wire, cable or other like connection between
the point of origin and the point of reception (including the use of such
connection in a switching station) furnished or operated by any person
engaged in providing or operating such facilities for the transmission of
communications and such term includes any electronic storage of such
communications.
4. "Aural transfer" means a transfer containing the human voice at any
point between and including the point of origin and the point of reception.
5. "Electronic communication" means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature transmitted in
whole or in part by a wire, radio, electromagnetic, photoelectronic or
photo-optical system, but does not include:
(a) any telephonic or telegraphic communication; or
(b) any communication made through a tone only paging device; or
(c) any communication made through a tracking device consisting of an
electronic or mechanical device which permits the tracking of the movement
of a person or object; or
(d) any communication that is disseminated by the sender through a method
of transmission that is configured so that such communication is readily
accessible to the general public.
6. "Intercepting or accessing of an electronic communication" and
"intentionally intercepted or accessed" mean the intentional acquiring,
receiving, collecting, overhearing, or recording of an electronic
communication, without the consent of the sender or intended receiver
thereof, by means of any instrument, device or equipment, except when used
by a telephone company in the ordinary course of its business or when
necessary to protect the rights or property of such company.
7. "Electronic communication service" means any service which provides
to users thereof the ability to send or receive wire or electronic
communications.
8. "Unlawfully" means not specifically authorized pursuant to
article seven hundred or seven hundred five of the criminal procedure law
for the purposes of this section and sections 250.05, 250.10, 250.15,
250.20, 250.25, 250.30 and
250.35 of this article.
§ 250.05 Penal. Eavesdropping.
A person is guilty of eavesdropping when he unlawfully engages in
wiretapping, mechanical overhearing of a conversation, or intercepting or
accessing of an electronic communication.
Eavesdropping is a class E felony.
§ 250.40 Penal. Unlawful surveillance; definitions.
The following definitions shall apply to sections 250.45, 250.50, 250.55
and 250.60 of this article:
1. "Place and time when a person has a reasonable expectation of privacy"
means a place and time when a reasonable person would believe that he or
she could fully disrobe in privacy.
2.[fn*] "Imaging device" means any mechanical, digital or electronic
viewing device, camera or any other instrument capable of recording,
storing or transmitting visual images that can be utilized to observe a
person.[fn*] NB Effective until November 1, 2007
2.[fn*] "Imaging device" means any mechanical, digital or electronic
viewing device, camera, cellular phone or any other instrument capable of
recording, storing or transmitting visual images that can be utilized to
observe a person.[fn*] NB Effective November 1, 2007
3. "Sexual or other intimate parts" means the human male or female
genitals, pubic area or buttocks, or the female breast below the top of the
nipple, and shall include such part or parts which are covered only by an
undergarment.
4. "Broadcast" means electronically transmitting a visual image with the
intent that it be viewed by a person.
5. "Disseminate" means to give, provide, lend, deliver, mail, send,
forward, transfer or transmit, electronically or otherwise to another
person.
6. "Publish" means to
(a) disseminate, as defined in subdivision five of
this section, with the intent that such image or images be disseminated to
ten or more persons; or
(b) disseminate with the intent that such images be
sold by another person; or
(c) post, present, display, exhibit, circulate,
advertise or allows access, electronically or otherwise, so as to make an
image or images available to the public; or
(d) disseminate with the intent
that an image or images be posted, presented, displayed, exhibited,
circulated, advertised or made accessible, electronically or otherwise and
to make such image or images available to the public.
7. "Sell" means to disseminate to another person, as defined in
subdivision five of this section, or to publish, as defined in
subdivision six of this section, in exchange for something of value.
