What specific crimes come under the category of “electronic surveillance?”
There are various laws that an abuser may be breaking by electronically surveilling or recording someone.
Some states have specific laws that address the recording of telephone, online, or in-person conversations. It may be illegal for someone who is not a part of your conversation to record it without your consent. It may still be illegal even if you know that person is listening to you speak. Below, we give general definitions of various types of crimes. To read the language of the laws in your state, go to our Crimes page.
Wiretap is a form of electronic surveillance where a person monitors or records telephone communications. Often people think of it as a way that police gather evidence. But wiretaps are also misused by abusers and stalkers.
Interception is when someone who is not part of a conversation uses technology to interfere with it so that s/he can listen to or record it. Interception laws usually apply to more than phone calls. These might include email and text messages. Many states have either an interception law or a wiretap law. So if you don’t find one in your state, look for the other.
Eavesdropping also involves listening in on or recording another person’s private conversation without the consent of one or both of the parties. There are many ways to eavesdrop. Some are not high tech. For example, let’s say you are talking on a landline at home. Someone else can pick up another receiver in your home and listen in. Eavesdropping laws generally apply when there is a reasonable expectation of privacy.
Invasion of privacy is when someone observes, monitors, or records your personal or private activities. This could be taking nude or partially nude photos or videos without your consent. It could also be secretly filming sexual acts.
Voyeurism means spying on someone for sexual pleasure. It does not always involve filming or using tech. It may apply to physically spying on someone. If there is no “invasion of privacy” law in your state, check for a voyeurism law.