Legal Privacy Lawyer in New York
The right to privacy is one of the most important rights of individuals. In today’s uber cyber advanced world, privacy becomes more of a privilege for many. As a licenced Legal Privacy Lawyer in New York, our attorneys can take care of the privacy of your personal information in NYC by building high - powered criminal protection, which will get you off of criminal prosecution as fast as possible.
The Federal government does everything that it can to protect the privacy rights of individuals. As a result of the efforts, it is considered a federal crime to wiretap any communication between two individuals without proper court approval. There must be consent by anyone of the two parties.
It is also considered a crime to use or disclose any information acquired through the process of wiretapping.
Under the law, the following are considered as the acts relevant to the laws:
- Electronic “eavesdropping” means to overhear, record, amplify, or transmit any part of the private communication of others without the consent of at least one of the persons engaged in the communication.
- “Wiretapping” involves the use of covert means to intercept, monitor, and record telephone conversations of individuals. It is an unauthorized physical connection with a communication system at a point between the sender and receiver of a message.
- “Intercepted communication” generally means the aural acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or another device.
The only known exception to Wiretapping and Eavesdropping laws is consent. At least one of the parties to the conversation, oral or written, must give consent to the surveillance.
- One Party Consent - When an individual is one of the parties to the conversation, he has all of the right to record the conversation for his protection. Federal law, 18 U.S.C. § 2511(2)(d) requires only that one party give consent. As long as one of the individuals allows for the recording, there should be no legal problem.
- All-Party Consent - 11 states require all parties to a conversation to give their consent for any kind of recording before anything else. The States include the State of California, Maryland, Delaware, Pennsylvania, Florida, Illinois, Montana, Massachusetts, Nevada, New Hampshire, and Washington.
- Exceptions - Consent is not required in any of the following circumstances:
- Law enforcement;
- Communication service providers, for the service they provide for the individuals;
- Federal Communications Commission (FCC) personnel for enforcement purposes;
- Surveillance activities under the Foreign Intelligence Surveillance Act (50 U.S.C. §§ 1801 to1813);
- Individuals, if they record telephone calls to identify the source of harmful radio or other electronic interference with lawful telephone calls or electronic equipment; or
- A Court order.
The penalties for violation of the prohibition include the following:
- imprisonment of not more than 5 years;
- fines up to $250,000 (up to $500,000 for organizations);
- damages in the form of civil liability;
- payment of attorneys fees;
- and possibly punitive damages;
The federal laws on consent and wiretapping are evolving with the advancement of technology. It is now up to State legislation to work on whether they would advance or take a step back on monitoring and recording.
As a licenced lawyers in New York, our privacy attorneys can take care of the privacy of your personal information by building high - powered criminal defense, which will get you off of criminal prosecution as fast as possible. If you need our help immediately, you can visit our office at 464 Ocean parkway, Brooklyn, NY 11218 or just call our telephone at: (+1) 347-763-93-96.