How much do we really know about wiretapping and how do we know we are not being listened to right now?
We are sure you’ve heard the terms ‘phone tapping’ or ‘phone bugging’, and you’ve probably read about surveillance and eavesdropping more than once, but have you ever researched the subject in-depth? For example, did you know how the various listening technologies can be used in gathering business intelligence in front of such and other business entities? Did you know that eavesdropping can be used by both business entities in business espionage and covert control, and companies and individuals?
As part of the service we provide at ITI Investigations and Strategic Consulting, there is and operates a broad technical department with special equipment for detecting and monitoring wiretaps.
So that you can understand a little more, in this article we have gathered all the information about wiretapping – what is it, is there a wiretapping law, what is a listening device, how is a listening device discovered, who does it and how can we know?
The opening paragraph should emphasize the fear of wiretapping in the following areas: business intelligence, strategic consulting, competitive business intelligence, business entities, companies and individuals, intellectual property, business espionage, and covert control
Eavesdropping – What is it?
In recent years we have been exposed to many cases concerning the issue of wiretapping in a variety of areas such as business, sports, diplomacy, and more. But what exactly is wiretapping and what do we know about it?
Prohibited wiretapping is in fact eavesdropping or listening to a private call using some device that takes place where the expectation of eavesdropping is as unreasonable as a private office for example.
The wiretapping law is defined by the way of negation and says: Everyone has the right to openly or secretly record conversations in which he is present. So any conversation we have with a colleague or service representative can be legally recorded. Thus, self-recording of calls or recording of a telephone call accompanied by the consent of one of the parties to the call is legal.
Usually, also the recording of a conversation by one of the conversation partners is legal even if done without the knowledge of the other party. The law expands and says that if the listener is not a party to the conversation but the conversation took place in an open or public place – that means wiretapping the cell phone is allowed. Thus it can be deduced from the law that wiretapping is prohibited when the listener secretly records, is not a party to the conversation, and the conversation takes place in a private room where I am unlikely to be able to eavesdrop.
Many times wiretapping is legal and permissible under wiretapping law, but it does not guarantee that the recorder will be allowed to do with the recording anything he pleases because even though the wiretapping was done legally, it may be a violation of the privacy law if done as part of an intimate conversation between him and her.
Besides, if the wiretapping was done in illegal ways as we described earlier, its products will not be admissible in court and therefore will not constitute evidence. However, the 1995 amendment established a restriction that illegal wiretapping products could be used if it was part of a criminal proceeding involving a serious crime, in which the court found that the need to find the truth was superior to the need to protect the Privacy Act.
What are the cases where a participant is not allowed to record the conversation?
Despite the wiretapping law that allows a caller to record it, there are many cases where the act is contrary to other laws and invalid. Therefore, it is forbidden to record the conversation even if you participate in it in the following cases:
Recording a conversation that is done as part of intimate matters – wiretapping and recording such a conversation, even if done by one of the conversation participants are prohibited.
Recording of interrogation by an interrogatee – the reason for this prohibition is for fear that the recording or taking it out of the interrogation room could be used to disrupt the proceedings. This type of recording will only be allowed if done openly.
Recording by a lawyer – The Code of Ethics of the Bar Association specifies that a lawyer may not record a conversation with his client or with a lawyer without their knowledge.
Recording by a civil servant of his employer/friend – A secret recording by an employee of his co-workers or his superiors is inappropriate and constitutes a disciplinary offense.
So how do I know if my cell phone has been eavesdropped on?
In fact, it is almost impossible to know if there is wiretapping/eavesdropping on the phone independently
. There are some possible hints that there may be eavesdropping on the phone and they are:
A device that shuts down slowly
Involuntary and unintentional actions of the device
A battery that heats up and drains quickly
Interruptions in the reception of calls and associated background noises
These are all possible signs of wiretapping but do not require this to be the case. In fact, to be sure that your device does not contain covert and prohibited wiretapping, the only way to check this is by checking wiretaps performed by an investigation office.
How is a listening device detected and what is an eavesdropping test?
A test to detect eavesdropping is a very broad and serious test. Today many devices have transmission signals and therefore there are many means that we need to check that constitute potential devices for covert wiretapping. When performing an eavesdropping test, the goal is to locate the listening device from the variety of transmitting devices that are available to you, whether it is at home or in the office.
Therefore, in performing the eavesdropping tests, the equipment with which the tester comes is of great importance, as well as the experience and abilities of the equipment operator. Also, eavesdropping on a cell phone today is the most important because most of the correspondence and information about us is in this device and the handling of the eavesdropping test in it is completely different from a similar test done in the office or at home.
In fact, eavesdropping on a cell phone is usually done through applications that contain malware and therefore a successful cell phone eavesdropping test will be performed by a qualified professional with
advanced technological equipment to detect and neutralize this software as well as to detect eavesdropping. Therefore, before ordering an eavesdropping test, it is recommended that you find out what equipment the tester uses and what his experience is.
Our office has a wide department for wiretapping and detection, and professionals who are experienced and equipped with the most advanced devices for detecting wiretapping.
In addition to the service we offer in the wiretapping and detection department, we at ITI Investigations and Strategic Consulting led by Irad Tamir – provide our service to the leading law firms in Israel, business entities, companies, and individuals.
We mainly deal with economic and commercial investigations, dubbing investigations, surveillance, personal status, execution, intellectual property, business espionage, business-competitive intelligence and covert control, information security, questioning and frontal investigations, computer investigations, overseas investigations, and locating missing persons.
