Generally, most states have defined the use of a “wiretap” or the recording under clandestine circumstances as eavesdropping when one unlawfully engages in wire-tapping, mechanical overhearing of a conversation, or intercepting or accessing an electronic communication. Although anyone can be the target of covert eaves-dropping, certain people have a greater risk than others because of their financial position, occupation, and status or distinctive expertise within that occupation, because they possess or have access to sensitive or secret information, and because of their legal or domestic situations. This could include industrial and scientific espionage, marriage difficulties, divorce litigation, union or labor problems, civil lawsuits and litigation, criminal litigation, insurance fraud, and nominated or elected officials who have been defamed or slandered or may have prior insidious backgrounds.
Because private conversations are expected to be private, many investigators believe that the preferred method of gaining information or obtaining intelligence is through the use of wiretap or bugging devices.
However, a private investigator must be cognizant of all forms of eavesdropping and the equipment that may be used. There are two types of eavesdropping tech-niques, wiretap and bugging, and they are subdivided into several categories.
Wiretaps
Wiretaps are the preferred method of obtaining information, as the quality of the transmission received will generally be of high quality. This technique involves tying into a wire or other conduit that is used for transmission. The type of trans-mission (communication) may be voice, fax, or electronic. Also, the transtrans-mission may be by telephone wire (hardwire), PBX cable, CCTV system, electronic, or any other communications instrument.
Wiretaps on company telephones can violate federal and state laws depend-ing how the procedure is set up and conducted. Although it may be said that the employee’s right to privacy may be balanced against the needs of the employer, consider this a no-win situation. If company management believes that a crime is or has been committed, and believes that one way to gain evidence would be through a wiretap, let the police do it. Once the crime is reported to the police department, the company can advise that a wiretap might be useful. The police will determine the benefits and legalities and obtain the necessary court order to set up the tap.
The more common wiretaps are as follows:
Hardwire Wiretap
◾ —Where physical access is gained to a section of wire (a telephone hardwire line is tapped) and where the signal transmitted travels by the use of a second set of wires. This second set of wires is attached with a “slave” or similar isolation device, with the signal bridged back to a secret location. This type of apparatus is unlikely to be discovered by the untrained person, but once discovered, and with the proper equipment, the eavesdrop-per can easily be traced back to the listening location.
Soft Wiretap
◾ —A modification to the software used by the telephone com-pany phone system. This is generally done at the phone comcom-pany but can be done at the place of business via PBX. This is considered the preferred method for tapping a phone where it is very tough to find it within the telephone Be cautious of entering into this field of inquiry; eavesdropping in any form is rarely legal or court sanctioned. Moreover, it is a crime when a person possesses any instrument, device, or equipment designed for, adapted to, or commonly used in wiretapping or mechanical overhear-ing of a conversation under circumstances evincoverhear-ing an intent to use or permit the same to be used in violation of law.
company’s system (easy to locate but requires complete access to the inner operations of the phone company’s computers—rarely given without court order). However, it may be easily caught on a PBX. This type of system is called remote observation (REMOBS), electronic switching system (ESS), or a translation tap. It is very popular with law enforcement, intelligence agen-cies, and large corporations. See eavesdropping terminology for definitions of these acronyms in the “Glossary.”
Although not a wiretap in the covert sense, another type of “soft wiretap”
is that many companies have a recording for incoming business calls that advises the caller that all conversations may be recorded for business or qual-ity control purposes. This is considered legal as long as the announcement is made before a conversation takes place.
Record Wiretap
◾ —Where a tape recorder is wired to a telephone tap. This is similar to a hardwire tap, but the tapes of the recording device must be changed on a routine basis. This is very popular with amateurs but is danger-ous, because eavesdroppers can be easily detected and caught in the act of servicing the illicit recorder.
Transmit Wiretap
◾ —By connecting a radio frequency (RF) transmit-ter to a wire (see below). This is a very popular tapping procedure for eavesdropping, but the RF energy produced can easily be detected by a competent “bug sweep” specialist, and its use increases the probability of being detected.
Bugging Devices
A “bug” is a listening device that is placed on, in, or within a specific area (auto, room, house, or on the person), and when placed or activated, intercepts and trans-mits communication (oral, optical, or geographic position) to a listener or monitor who may either be very close or somewhat distant from the “bug.” There are several types of bugs used for specific purposes. Any of the following types of equipment can be combined in order to make a hybrid device:
Radio Frequency
◾ (RF)—Radio frequency is the most used and common type of bugging system (consider the classic dry martini with an olive bug). A radio transmitter is placed in a device or the area to be “bugged.” It is very easily detected but difficult to trace back to the person who planted it. The radio transmitter comes in various shapes and sizes and can be placed in or on an object. It can range from being in the olive in the subject’s martini to on an overhead light fixture in a hotel room. These devices can be easily detected but are considered the most common because they are cheap and disposable.
Acoustic-Type Bug
◾ —These “bugs” are simple in their use, without electronic implements, by simply and directly eavesdropping on a conversation with the naked ear. Access to any communication can be easily obtained by placing a stethoscope or a similar listening device, a rubber tube, or something as simple as a water glass against a wall. Basically, these objects may be placed anywhere sound may be transmitted or obtained, such as through power out-lets, walls, vents, ventilation ducts, structural defects, and around windows, among other openings. This is considered the simplest of methods without the use of electronics.
Ultrasonic (or VLF) Bugs
◾ —These convert sound into an audio signal that is
above the range of the human ear. Audio pressure waves are used rather than radio waves or a radio signal. This technique is used to convert sound into an audio signal above the range of the human ear, and the ultrasonic signal is then intercepted at another location and converted back to audio.
Optical Bugs
◾ —These are devices that convert sound or data into an optical pulse or a beam of light, such as active or passive laser devices. They are rarely used, as these bugs are easily detected and are generally expensive.
This is not to say that a private investigator cannot record a telephone conversa-tion surreptitiously as long as he or she is a party to that conversaconversa-tion. Such a record-ing by an investigator where identification of the other person can be established and where certain admissions or comments are made by the other party may be considered of great use as evidence at a later time.
But, be aware that there may be some restrictions in some states concerning the legalities of a recorded conversation that you are part of. Check with your state law, your company attorney, and company policy on any situation where any recording of a telephonic conversation is to be conducted.
The aforementioned descriptions of eavesdropping devices are described here as a brief attempt to familiarize the private investigator with the equipment presently in use. Be apprised, however, that technology is upgraded daily, and what is in use today may be obsolete tomorrow.
Personal Recorder
Consider that the simplest of all covert devices used for eavesdropping is the audio-cassette or voice-activated microrecorder. These units are cheap, easily operated, come in various sizes, and are well proven. Small digital models with a voice-acti-vated mode will save tape time and can be easily hidden on the person or wherever
Any person who sets up, condones, or is part of an illegal or improper tap is subject to criminal arrest and civil litigation.
desired. The only drawback in the voice-activated model is that loud ambient noise will cause the device to slip into a continual play. Many of these recorders can be used as a body-worn system with button microphones and the unit integrated into a briefcase or the pen in your pocket.
The pen bug is also widely used as a microphone and transmitter. Along with an ink reservoir, it can be used as a proper pen, and the receiver can be linked to a recording system allowing limitless playback. This can be a useful tool for the undercover agent attending meetings, discussions, and parties. In addition, the wearing of a “wire” along with a transmitter taped to one’s body and the recording device located elsewhere, is an applicable method of taping a conversation.