Electronic Surveillance

A Guide to Selected Government Information Available at WIU's Government Publications Library

(Prepared by Angela Blann-10/00; updated by sjh 04/26/01)

Web version of this guide includes links to web resources.

Federal Government Information

"Electronic Surveillance: A Matter of Necessity"

A look at the history of and the necessity for video surveillance and interception of wire, oral, or electronic communications in criminal investigations.
FBI Law Enforcement Bulletin. Vol. 69, No. 2 February 2000 pp. 25-32
J 1.14/8:69/2

"Big Brother In a Black Box"

This article examines the digital monitoring and control in employment that is now made possible by advances in information technology.
Civilization. August/September 1999 pp. 53-55
LC 1.52:1999/8-9

Video Surveillance Equipment Selection and Application Guide in the Federal Workplace

This document offers research done by the Office of Law Enforcement Standards to help law enforcement personnel select the video surveillance equipment that is most appropriate for their needs. 1999
J 28.8:V 66

"How to Stop Surreptitious Recording of Conversations in the Federal Workplace"

This article examines ways to prevent covert recording in the federal workplace and the relevant laws and regulations regarding this practice.
The Army Lawyer. Pamphlet 27-50-327 February 2000 pp. 22-23
D 101.22:27-50-327

Implementation of the Communications Assistance for Law Enforcement Act of 1994 (CALEA)

This hearing attempts to find out why telecommunications carriers are not able to comply with CALEA requirements by listening to both sides of a dispute between the FBI and the industry. CALEA requires telecommunications carriers to provide equipment capable of intercepting the content of electronic communications and of delivering the information to law enforcement. 1997
Y 4.J 89/1:105/136

1999 Wiretap Report

Statistics presented by the Administrative Office of the U.S. Courts detailing the number and nature of federal and state applications for orders authorizing wiretapping. Details include the offense under investigation; the location of intercept; cost data; and the resulting number of arrests, trials, and convictions.

Cellular Privacy: Is Anyone Listening? You Betcha!

This hearing discusses wireless telephone eavesdropping; law enforcement's use of wiretaps; the effectiveness of current, related laws; the future of wireless technology; and other issues surrounding wireless privacy. 1997
Y 4.C 73/8:105-22

Electronic Surveillance in a Digital Age

This Office of Technology Assessment background paper reviews the progress of the telecommunications industry and law enforcement agencies in implementing the Communications Assistance for Law Enforcement Act (CALEA) and the technical factors affecting compliance. Appendices include a section-by-section summarization of CALEA and electronic surveillance requirements keyed to CALEA. 1995
Y 3.T 22/2:12 EL 2

Public Video Surveillance: Is It An Effective Crime Prevention Tool?

This California Research Bureau publication on the web is also publication 179953 from the National Criminal Justice Research Service. It provides an historical overview of public video surveillance in crime deterrence; examines legal issues, international development, and contemporary usage in the U.S.; and explores legislative and administrative options. 1997

lllinois Government Information

Report on the Use of Eavesdropping Devices During 1999

An annual report summarizing the number of reported eavesdropping devices used by law enforcement personnel in Illinois by county. Statistics include information on location, results, requesting agency, and type of offense.
ILLINOIS 363.252 REPO 2 1999

Legal Information

"A Lawyer's Guide to Eavesdropping in Illinois"

A look at eavesdropping legislation from an Illinois perspective, including its necessity and its consequences.
Illinois Bar Journal. Vol. 87, No. 7 July 1999 pp. 362-367

"High-Tech Surveillance Tools and the Fourth Amendment: Reasonable Expectations of Privacy in the Technological Age"

This article examines Fourth Amendment implications of new surveillance technology, particularly regarding technology used by law enforcement personnel in the apprehension of criminals perpetrating drug crimes.
American Criminal Law Review. Vol. 37, No. 1 Winter 2000 pp. 127-143

"He Wouldn't Listen to Me Before, But Now . . . : Interspousal Wiretapping and An Analysis of State Wiretapping Statutes"

This article looks at case law relating to state wiretapping laws and interspousal wiretapping and compares the state laws to the federal statute.
Brandeis Law Journal. Vol. 37, No. 3 Spring 1998-99 pp. 415-434

"First Do No Harm: The Use of Covert Video Surveillance to Detect Munchausen Syndrome By Proxy -- An Unethical Means of 'Preventing' Child Abuse"

The author of this article argues that video surveillance of a mother suspected of causing illness in her child is unethical, as "catching the suspect in the act" inflicts further harm on the child.
University of Michigan Journal of Law Reform. Vol. 32, Issue 1 Fall 1998 pp. 105-194

"What's Bugging You? Inconsistencies and Irrationalities of the Law of Eavesdropping"

This article compares federal and state eavesdropping statutes and offers Appendices containing state constitutional provisions and statutes; a chart of state information regarding consent, trial, and sentencing; and state statutory language requiring the consent of all parties.
DePaul Law Review. Vol. 47, No. 4 Summer 1998 pp. 837-942

Eavesdropping and Wiretapping Cases

For collected cases on electronic surveillance topics, consult the ALR Index under the heading, Eavesdropping and Wiretapping

Admissability, in criminal prosecution, of evidence secured by mechanical or electronic eavesdropping device, 97 ALR2d 1283
Caller ID, violation of right to privacy, wiretapping statute, or similar protections, 9 ALR5th 553
Confessions, admissability, in criminal prosecution, of evidence obtained by electronic surveillance of a prisoner, 57 ALR3d 172
Dressing rooms, surveillance of, as invasion of privacy, 38 ALR4th 954

Electronic Surveillance

Updated semiannually, this two-volume set offers a thorough overview of the law of electronic surveillance, its historical development, and the ramifications of Title III of the Omnibus Crime Control and Safe Streets Act of 1968. Surveillance without a court order, content of surveillance orders, usage of intercepted information, criminal penalties involved, and foreign intelligence surveillance are examined.
KF 9670 .C37 1986 v. 1 & 2