Federal law includes all interstate calls, and there are several sources of authority for electronic surveillance in the U.S. The Wire and Electronic Communications Interception and Interception of Oral Communications Act (formally known as the "Title III" Wiretap Act, 18 U.S.C §§ 2510-2520), typically requires a court order issued by a judge who must decide that there is probable cause to believe that a crime has been, is being or is about to be committed. Wiretaps can also be ordered in suspected cases of terrorist bombings, hijackings and other violent activities are crimes. The government can wiretap in advance of a crime being perpetrated.
Judges seldom deny government requests for wiretap orders.
Electronic surveillance involves the traditional laws on wiretapping--any interception of a telephone transmission by accessing the telephone signal itself--and eavesdropping--listening in on conversations without the consent of the parties. More recently, states have extended these laws to cover data communications as well as telephone surveillance.
For example, in Florida, interception and disclosure of wire, oral, or electronic communications is prohibited. State and federal policymakers face the challenge of balancing security needs via electronic surveillance against individual privacy.
The list of laws was last revised one year ago, but remains a worthwhile reference. U.S. Electronic Surveillance Laws
