Roving wiretap facts for kids
A roving wiretap is a special type of permission that allows government agencies to listen in on a person's phone calls. Unlike a regular wiretap, which is set up for one specific phone, a roving wiretap follows the person being watched. This means if the person tries to avoid being listened to by getting a new phone, the permission still applies to their new device without needing a brand new order.
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What is a Roving Wiretap?
A roving wiretap is a tool used by law enforcement. It lets them monitor a person's communications even if that person changes phones or communication methods. Imagine someone uses a phone, and it's being listened to. If they throw that phone away and get a new one, a regular wiretap would stop working. A roving wiretap, however, is linked to the person, not the phone. This allows the authorities to continue listening to the new phone without getting a fresh court order.
How Roving Wiretaps Work
When a court approves a roving wiretap, it means the permission is for a specific person. It's not for a specific phone number or device. This makes it easier for agencies to keep track of someone who might be trying to avoid being monitored. They don't have to go back to court every time the person gets a new phone or uses a different communication device.
History in the United States
Roving wiretaps became legal in the United States over time through different laws.
Important Laws
- Early Beginnings: The idea of following a person, not just a device, was first allowed in 1988. This happened through changes made to the Omnibus Crime Control and Safe Streets Act of 1968. This law is sometimes called the "Wiretap Statute." The changes were part of the Electronic Communications Privacy Act.
- Further Expansion: Later, in 1999, the rules for roving wiretaps were made even broader. This was done by a part of the Intelligence Authorization Act for Fiscal Year 1999.
- The PATRIOT Act: In 2001, the USA PATRIOT Act further expanded the use of roving wiretaps. This act was passed after the September 11 attacks to help prevent terrorism. On May 26, 2011, the U.S. Senate voted to keep these parts of the Patriot Act in place.
- Recent Changes: For a very short time, on June 1, 2015, the roving wiretap rule from the Patriot Act stopped being active. But it was quickly brought back the very next day. This happened when a new law called the USA Freedom Act was passed.
