Originally posted by Sid Post
For what its worth, I'm not a lawyer. I heard at one time a wiretap wasn't required on a simple analog phone. Like baby monitors, there was no reasonable expectation of privacy so, eavesdropping wasn't the same as tapping a copper wire from a legal perspective. I think the legal distinction was similar do being photographed through an open window or door "in public" versus somewhere where you have a reasonable expectation of privacy. Any lawyers care to speak up and correct me
Not a lawyer, but I recently took a course focusing on moral and legal aspects of privacy rights. Looking at the 1928
Olmstead v. United States Supreme Court case, the ruling in favour of the United States suggests that privacy doesn't apply to non-material things like telephone conversations. Another factor in the decision was that there was no physical intrusion into Olmstead's house; all the equipment was set up outside of the home.
This narrow reading of the 4th Amendment was reversed in
Katz v. United States, where it was ruled that there was a reasonable expectation of privacy in a public phone booth, even though the recording device was set up on the outside of the booth. So the government can't tap your phone without a warrant (and therefore previously established probable cause), since you expect the conversation to be private.
New USAPA considerations aside (i.e. as long as Big Brother doesn't think you're a terrorist), I'd imagine that it's not legal to enter a suspect's house to tap their phone, analog or not. I'm not too sure about scanning wireless phone frequencies though.
Kyllo v. United States comes to mind, but perhaps since there's DSS phones in general use, it's implied that there is no reasonable expectation of privacy when you're using a non-DSS phone.
I recently had a dream, where a person called Bob told me: "I'm aware that the cellular phone networks in use three to four years ago in Hong Kong were not secure. I think that the popular networks used PCS and GSM at the time. My friend doesn't use his illegal equipment anymore though, so maybe relatively new cell phones use scrambled signals." What a strange dream.
So here's my opinion. I wouldn't worry about electronic eavesdroppers any more than I'd worry about a hacker breaking into a credit card database and getting my info. There's so many people out there that there's safety in numbers, especially if you're not exceptionally rich.