English
EspañolWhat is electronic surveillance?
Electronic surveillance is a broad term that is used to describe monitoring another person’s actions or conversations without his/her knowledge or consent by using one or more electronic devices or platforms.
Electronic surveillance can be done by misusing cameras, social media, or other tech. It can also involve stalkerware, also known as spyware, which can be installed on a computer, tablet, or smartphone. This allows someone to secretly monitor the activity on the device without the user’s knowledge. It can allow the abusive person access to everything on the phone. To learn more about stalkerware, visit Safety Net’s Survivor Toolkit. You can also go to the WomensLaw.org Crimes page to look for a specific law in your state involving stalkerware.
How can an abuser misuse electronic surveillance?
As part of domestic violence or stalking, an abuser may use electronic surveillance to “keep tabs” on you by monitoring your whereabouts and conversations. There are several reasons an abuser may use electronic surveillance, such as:
- to keep power and control over you;
- to take away your privacy;
- to make it hard for you to have a life separate from the abuser; and
- to try to discover or stop any plans you may be making to leave the relationship.
An abuser may also misuse family phone features. For instance, s/he may misuse apps meant for parents to see children’s phone use in order to monitor your phone usage. If you have a child, the abuser may misuse these apps on the child’s phone as a way to monitor your location or conversations with the child. Or if you are on a family phone plan with the abuser, s/he could misuse it to monitor your phone activities. In some cases, you may wish to leave a family plan to lessen the abuser’s access to your cellular information. The Safe Connections Act of 2022 makes this easier for survivors. It can help avoid termination fees. You can learn more about the Safe Connections Act on TechSafety.org, the website of NNEDV’s Safety Net Project.
Is electronic surveillance illegal?
Whether electronic surveillance is legal or not may depend on whether the person doing the recording is part of the activity or conversation and your specific state’s laws on this issue.
If the person is part of the activity or conversation:
Many states allow someone to record a phone call, conversation, or activity as long as one person involved consents. This could be the person recording it who “gives consent.” Other states require that everyone who is part of the conversation or activity consents. You can read more in Is recording a conversation with another person illegal?
If the person is not part of the activity or conversation:
Depending on the state, there might be one or more laws that address:
- listening in on a private conversation;
- electronically recording a person’s conversation; and
- videotaping a person’s activities.
The names of these laws vary across the country, but they often include wiretap, voyeurism, interception, and other recording laws. Deciding which law(s) may apply to your situation can be tricky. It often depends on the circumstances of the surveillance and whether you had a “reasonable expectation of privacy” while the abuser recorded or observed you. Legally, a reasonable expectation of privacy exists when you are in a situation where an average person would expect to not be seen or spied on.1 For example, a person in public places, such as in a football stadium or on a main street, may not reasonably expect privacy. A person in his/her bedroom or in a public restroom stall generally would.
1 See Katz v. United States, 389 U.S. 347 (1967)
What is spyware?
Stalkerware is monitoring software that can be used to secretly monitor a device’s activity without the user’s knowledge. Stalkerware can be installed on a computer, tablet, smartphone, or other device.
Stalkerware can allow an abuser to access everything on your device. It may also allow someone to record and listen in on phone calls or other communications. Stalkerware may be hidden and, therefore, difficult to detect or remove. It generally does not notify you that the software has been installed or is in use. The Coalition Against Stalkerware has information for survivors regarding preventing, finding, and removing stalkerware. You can also learn more about it on the Safety Net website.
To read the language of laws in your state that may deal with stalkerware, go to our Crimes page.
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.
