Referred to Committee
June 15, 2012
June 13, 2012(Key vote)
Title: Expands Wiretapping Authority
Vote Smart's Synopsis:
Vote to pass a bill that authorizes any individual who is party to wire, electronic, or oral communication to intercept or record such communication if it provides evidence of a violent crime.
Specifies that individuals should generally expect oral communication to be private unless any of the following are true (Sec. 1):
It is reasonable that a third party could overhear the individual;
Actual or constructive notice has been given to the individual, indicating that the conversation is, or may be, recorded; or
Equipment commonly used for video and audio recording is plainly visible.
Defines “constructive notice” as notice provided by any means sufficient to let an individual know that his or her words may be intercepted (Sec. 1).
Authorizes any individual to intercept any wire, electronic, or oral communication if the individual reasonably suspects that the intercepted party is committing, is about to commit, or has committed a violent crime or first-degree felony, and if there is reason to believe that evidence of this crime may be obtained from the interception (Sec. 2).
Authorizes any individual who is party to any wire, electronic, or oral communication that provides evidence of a violent crime or first-degree felony to disclose a recording of that communication to law enforcement (Sec. 7).
Authorizes a law enforcement official or any person acting at the direction of a law enforcement official to intercept a wire, electronic, or oral communication involving suspected criminal activity if the author has given consent or if both of the following are true (Sec. 2):
The communication was knowingly transmitted to a third party by its author; and
The law enforcement officer has legally obtained the communication from that third party or has legally obtained the device to which the communication was sent.
Authorizes a law enforcement official or any person acting at the direction of a law enforcement official to intercept a wire, electronic, or oral communication involving suspected criminal activity if there is reasonable cause to believe either of the following (Sec. 2):
The individual may resist with the use of weapons; or
The individual is threatening suicide or harm to himself or others.
Authorizes a law enforcement official to record and respond to communications on a legally-obtained device without disclosing his or her identity (Sec. 2).