What is the current state of the law on wiretapping under Title III of the Communications Privacy Act?

California, United States of America


The following excerpt is from People v. Otto, 2 Cal.4th 1088, 831 P.2d 1178, 9 Cal.Rptr.2d 596 (Cal. 1992):

[2 Cal.4th 1097] Title III provides a "comprehensive scheme for the regulation of wiretapping and electronic surveillance." (Gelbard v. United States (1972) 408 U.S. 41, 46, 92 S.Ct. 2357, 2360, 33 L.Ed.2d 179). 6 The Act makes it unlawful for any person to intercept or endeavor to intercept any wire, oral, or electronic communication "[e]xcept as otherwise specifically" permitted by other provisions of the statute. (18 U.S.C. 2511(1)(a).) Willful disclosure of the contents of communications by a person who knows or has reason to know that the information was obtained through an unlawful interception is also forbidden. (18 U.S.C. 2511(1)(c).)

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