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duct these tests, when you could simply replace the instrument at a fraction of what we would charge for the service.
Q. Are eavesdropping devices installed in telephone instruments inside homes more common than outside line taps?
A. No. While it is relatively easy to access off-premises telephone lines, the criminal would have to conduct a home invasion to place such a device. Like most of us, criminals will seek their objective in the easiest manner and avoid any unnecessary risk. However, in domestic situations, where the estranged spouse had unlimited access to the area in question--or in business environments where former employees are suspects, this can be a concern since the opportunity was present.
Q. Can electrical lines be used to transmit conversations.
A. Yes. This is something we always test for. Here, too, there are many legitimate consumer devices that utilize the ability of electrical lines to transmit sounds. One such device is often called a "baby sitter" and is comprised of two units, one of which plugs into the socket in a child's room while the other plugs into any other socket in the home or nearby home. When both units are plugged in, an intercom system has been created, allowing parents to, for instance, visit neighbors during a child's nap time, while monitoring the audio in a child's room. There are clandestine eavesdropping devices that work on the same principle.
Q. I am in the process of a divorce, but still reside with my spouse. Does it make sense to conduct a countermeasures survey at my home.
A. No. We usually council against electronic countermeasures surveys in any case where the area in question cannot be made secure following the operation. The knowledge that an area is free from illegal eavesdropping devices upon the completion of such a survey is of limited value when the situation can change the following day.
Q. I always record all my telephone conversations instead of taking notes, but I don't usually tell the people I'm talking with that I am recording it. I was told by a friend that this is illegal. Is it?
A. This depends on where you live. In most of the U. S. (45 states at last count) one party consent is required to record a conversation. This means that as long as you are a party to the conversation, you may legally record conversations, either over the phone or in person, without informing the other party or parties to the conversation. In the other five states two party consent is required, although this should really be termed all party consent. There is no state that allows no party consent. The fact that you may own the property where no party consent recording occurs is irrelevant. This is clearly illegal under federal law and in every state. For instance, it would be a crime to record conversations occurring in your own home when leaving your children with a baby sitter, unless you obtain the consent of the baby sitter or your children--and the consent of young children might prove questionable. Consent laws in other countries vary significantly.
Q. I live in a one party consent state, but record conversations with clients located in a state requiring all party consent. Is this illegal?
A. Different attorneys we have discussed this with have held differing opinions. While it would seem logical to assume it would be legal, since the act of recording is taking place in a state where this is legal, logic doesn't always apply with law. We would advise against this practice, if only to eliminate the possibility of becoming a test case and incurring the legal costs which could result in such a situation.
Q. I love my cordless telephone, but my son told me it's easy to tap. Is he right?
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