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Telephone tapping : ウィキペディア英語版
Telephone tapping

Telephone tapping (also wire tapping or wiretapping in American English) is the monitoring of telephone and Internet conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connection was an actual electrical tap on the telephone line. Legal wiretapping by a government agency is also called lawful interception. Passive wiretapping monitors or records the traffic, while active wiretapping alters or otherwise affects it.〔(【引用サイトリンク】title=ch_01.fm )〕〔RFC 4949〕
==Legal status==
(詳細はLawful interception is officially strictly controlled in many countries to safeguard privacy; this is the case in all developed democracies. In theory, telephone tapping often needs to be authorized by a court, and is, again in theory, normally only approved when evidence shows it is not possible to detect criminal or subversive activity in less intrusive ways; often the law and regulations require that the crime investigated must be at least of a certain severity. Illegal or unauthorized telephone tapping is often a criminal offense.〔 However, in certain jurisdictions such as Germany and France, courts will accept illegally recorded phone calls without the other party's consent as evidence, but the unauthorized telephone tapping will still be prosecuted.
In the United States, under the Foreign Intelligence Surveillance Act, federal intelligence agencies can get approval for wiretaps from the United States Foreign Intelligence Surveillance Court, a court with secret proceedings, or in certain circumstances from the Attorney General without a court order.〔(According to the US Code Title 50 § 1805 )〕
Under the law of the United States and most state laws, there is nothing illegal about one of the parties to a telephone call recording the conversation, or giving permission for calls to be recorded or permitting their telephone line to be tapped. However the telephone recording laws in most U.S. states require only one party to be aware of the recording, while 12 states require both parties to be aware. In Nevada, the state legislature enacted a law making it legal for a party to record a conversation if one party to the conversation consented, but the Nevada Supreme Court issued two judicial opinions changing the law and requiring all parties to consent to the recording of a private conversation for it to be legal. It is considered better practice to announce at the beginning of a call that the conversation is being recorded.
In Canadian law, police allowed to wiretap without the authorization from a court when there is the risk for imminent harm, such as kidnapping or a bomb threat. They must believe that the interception in immediately necessary to prevent an unlawful act that could cause serious harm to any person or to property. This was introduced by Rob Nicholson on February 11, 2013 and is also known as Bill C-55. The Supreme Court gave Parliament twelve months to rewrite a new law. Bill C-51 was then release, which transformed the (Canadian Security Intelligence Agency ) from an intelligence gathering agency, to an agency actively engaged in countering national security threats.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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