[comp.dcom.telecom] Do you need a court order to trace a phone?

cliff%cfa204@harvard.harvard.edu (Cliff Stoll) (03/14/89)

Federal law 18 U.S.C.A. 3121 regulates phone traces.

In section 18 USCA 3121 (b) (1) and (b) (2), the federal
code explicitly states an "Exception to general prohibition
on trap and trace device use"

The law says that if the person whose phone is being traced
gives permission for the line to be traced, a court order
is not necessary.

>From this argument, automatic calling party identification
is completely legal.  The person who installs such a phone
gives permission to the phone company to automatically trace
her own lines.


Note that this is a federal statute;  state laws may be different.

For other references, see my article in the May 1988 CACM,
Stalking the Wily Hacker.

Cliff Stoll      Cliff@cfa200.harvard.edu      617/495-7147
Harvard - Smithsonian Center for Astrophysics

johnl@ima.isc.com (John R. Levine) (03/19/89)

In article <telecom-v09i0089m08@vector.UUCP> you write:
>The law says that if the person whose phone is being traced
>gives permission for the line to be traced, a court order
>is not necessary.
>
>From this argument, automatic calling party identification
>is completely legal. ...

Don't you have it backward?  The calling party is giving permission, not
the callee.  Caller ID is requested by the callee, not the other way around.

I have to second Bob Frankston's concerns about privacy issues, and to wish
a thousand junk phone calls from stock brokers, mail-order places, and
pizza delivery outfits upon anyone who thinks that caller ID blocking is
only for crooks.  Per call ID blocking is technically simple and provides
reasonable safeguards, and, of course, you've always been able to hang up
on callers who won't identify themselves.

Some people have suggested that facilities to call back whoever just called
you, and to ask the telco to record the number of the last (presumably
annoying) caller would be helpful.  I believe that in the Orlando trials both
of these were already available.

Regards,
John Levine, johnl@ima.isc.com