What can I do if I think the FBI is wiretapping my phone?
Full Question:
Answer:
The FBI's mandate, the broadest of all federal investigative agencies, authorizes it to investigate all federal criminal violations that have not been specifically assigned by Congress to another federal agency. The FBI's investigative functions fall into the categories of applicant matters; civil rights; counterterrorism; foreign counterintelligence; organized crime/drugs; violent crimes and major offenders; and financial crime.
Title 28, United States Code, Section 533, authorizes the Attorney General to appoint officials to detect and prosecute crimes against the United States. Title 18, United States Code, Section 3052, specifically authorizes Special Agents and officials of the FBI to make arrests, carry firearms, and serve warrants. Title 18, United States Code, Section 3107, empowers Special Agents and officials to make seizures under warrant for violation of federal statutes. The FBI's authority to investigate specific criminal violations is conferred by numerous other congressional statutes. In addition, Title 28, Code of Federal Regulations, Section 0.85, outlines the investigative and other responsibilities of the FBI, including the collection of fingerprint cards and identification records; the training of state and local law enforcement officials at the FBI National Academy; and the operation of the National Crime Information Center and the FBI Laboratory.
Wiretapping is one of the FBI's most sensitive techniques and is strictly controlled by federal statutes. It is used infrequently and then only to combat the most serious crimes and terrorism. Title 18, United States Code, Section 2516, contains the protocol requiring all law enforcement officers to establish probable cause that the wiretaps may provide evidence of a felony violation of federal law. After determining if a sufficient showing of probable cause has been made, impartial federal judges approve or disapprove wiretaps. The approving judge then must continue to monitor how the wiretap is being conducted. Wiretapping without meeting these stringent requirements and obtaining the necessary court orders is a serious felony under the law.
Federal law enforcement officials may tap telephone lines only after showing "probable cause" of unlawful activity and obtaining a court order. This unlawful activity must involve certain specified felony violations. The court order must limit the surveillance to communications related to the unlawful activity and to a specific period of time, usually 30 days. (Electronic Communications Privacy Act, 18 USC 2516)
Access to the information and evidence obtained during a FBI investigation is not available to the public. Such information is protected from public disclosure, in accordance with current law and DOJ and FBI policy. This policy preserves the integrity of the investigation and the privacy of individuals involved in the investigation prior to any public charging for violations of the law. It also serves to protect the rights of people not yet charged with a crime.
If you think your phone line is wiretapped, call your local phone company. Most phone companies will inspect your lines for wiretap devices free of charge. If a tap is found, the phone company will check to see if it is authorized. The phone company will alert you if the wiretap is illegal. It will also notify law enforcement and remove the device. However, you will not be notified if the wiretap is legal, made by law enforcement and authorized by a court. However, once a legal wiretap has been discontinued, the court must notify the tapped party that the wiretapping has taken place. Normally, this notice must occur within 90 days of the wiretap termination. (18 USC 2518(8)(d)).