L I I 15 Legal Information Institute LII a small research, engineering, and editorial group housed at the Cornell Law School 2015 Electronic Surveillance https://www.law.cornell.edu/wex/electronic_surveillance
Domestic Surveillance Legislation
In 1986 Congress passed extensive regulations regarding electronic surveillance and wiretapping in the Electronic Communications Privacy Act (ECPA). Courts have interpreted the Act as allowing magistrates and federal judges to grant law enforcement officers warrants to enter private homes in order to "bug" the home's means of electronic communication. Despite numerous constitutional challenges, the courts have repeatedly upheld these provisions.
The ECPA also provides remedy for those individuals victimized by unlawful electronic surveillance. If an individual uses a practice in contravention of the ECPA, the victim may bring suit for compensatory damages, punitive damages, and equitable relief, if equitable relief can rectify the harm. The plaintiff may only bring suit against the individual who performed the recording; plaintiffs may not sue any third-party that receives a copy of the recording and subsequently distributes it.
The Communications Assistance for Law Enforcement Act of 2006 mandates the telecommunication companies' cooperation when law enforcement engages in a wiretap. The cooperation involves giving law enforcement access to the systems and facilities necessary to track the communication of one subscriber without infringing on the privacy of another subscriber.
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