Is it illegal for someone to wiretap my phone conversations without consent?

What the Law Says

The Electronic Communications Privacy Act (ECPA), specifically 18 U.S.C. § 2511, makes it a federal crime to intentionally intercept, endeavor to intercept, or procure another person to intercept any wire, oral, or electronic communication without authorization.

Under federal law, 'wire communication' includes telephone calls transmitted by wire, cable, or other similar connection. 'Oral communication' means spoken words uttered in circumstances where a person has a reasonable expectation of privacy.

The law prohibits not only the act of interception but also the disclosure or use of illegally intercepted communications. There are narrow exceptions — most notably, the 'one-party consent' rule: it is lawful to record a conversation if at least one participant consents. That means if you’re on the call, you may legally record it — but someone else cannot secretly record your call without your knowledge or consent (or a valid court order).

Violations are felonies punishable by up to five years in prison, fines, and civil liability — including statutory damages of at least $100 per day of violation or $10,000 per violation, whichever is greater.

Statutory Text

Except as otherwise specifically provided in this chapter, it shall be unlawful for any person to intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication.

— 18 U.S.C. § 2511(1)(a) — Interception and disclosure of wire, oral, or electronic communications prohibited

Statutory Text

It shall be unlawful for any person, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection, to disclose or use that information.

— 18 U.S.C. § 2511(1)(c) — Interception and disclosure of wire, oral, or electronic communications prohibited

What to Do

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