Bugging McConnell's Office Is A Crime

[mudwhistle]

Eavesdropping Law & Legal Definition

The crime of eavesdropping means to overhear, record, amplify or transmit any part of the private communication of others without the consent of at least one of the persons engaged in the communication, except as otherwise provided by law. Private communications take place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but such term does not include a place to which the public or a substantial group of the public has access. A person commits the crime of criminal eavesdropping if he intentionally uses any device to eavesdrop, whether or not he is present at the time.

Most states nationwide have their own wiretapping/electronic surveillance statutes, which vary by state. It is not illegal to record conversations if parties’ awareness and consent to the interception of the communication exists. There are certain limited exceptions to the general prohibition against electronic surveillance. The exceptions exist for so-called "providers of wire or electronic communication service" (e.g., telephone companies and the like) and law enforcement in the furtherance of criminal investigative activities. The Electronic Communication Privacy Act (ECPA) of 1986 allows employers to listen to "job-related" conversations. The ECPA gives employers almost total freedom to listen to any phone conversation, since it can be argued that it takes a few minutes to decide if a call is personal or job-related. However, this exception applies only to the employer, not the employee.

A person can violate such statutes by the following:

he/she can unlawfully intercept or procure another to unlawfully intercept a wire, oral or electronic communication;
he/she can unlawfully disclose the contents of an electronic, oral or wire communication;
he/she can unlawfully use the contents of an electronic, oral or wire communication; and
he/she can unlawfully advertise, sell or possess an "electronic, mechanical or other device(s)" which, by its design renders it primarily useful for the surreptitious interception of electronic, oral or wire communications. Evidence of communications obtained in violation of these statutes may be suppressed at proceedings and persons illegally obtaining them are subject to lawsuit and/or removal from their position.

Eavesdropping Law & Legal Definition​

 

[Lakhota]

Where's the crime? Sounds like ole Mitch has a snitch...

 

[mudwhistle]

Where's the crime? Sounds like ole Mitch has a snitch...

Don't you ever read anything before you post nonsense???/

 

[mudwhistle]

According to this statue Mother Jones has committed a crime, as well as the person that made the recording.

 

[TheOldSchool]

Well the guys who infiltrated ACORN got the hammer, only fair to land it on Mother Jones too if they're guilty.

 

[blackhawk]

I believe the FBI is investigating this let's see what they come up with.

 

[tinydancer]

According to this statue Mother Jones has committed a crime, as well as the person that made the recording.

I hope to witness someone getting nailed for this and doing some time.

 

[BreezeWood]

Mother Jones seems pretty comfortable with their position - the recording was not anonymously given to them - who gave them the recording wished to remain anonymous.

so they know how it was recorded and who did it ... nothing to worry about.

 

[JakeStarkey]

Not if the recording was made by an invited participant.

 

[edthecynic]

Bugging McConnell's Office Is A Crime

That never happened.

Is making a false complaint to the FBI a crime?

 

[bodecea]

Eavesdropping Law & Legal Definition

The crime of eavesdropping means to overhear, record, amplify or transmit any part of the private communication of others without the consent of at least one of the persons engaged in the communication, except as otherwise provided by law. Private communications take place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but such term does not include a place to which the public or a substantial group of the public has access. A person commits the crime of criminal eavesdropping if he intentionally uses any device to eavesdrop, whether or not he is present at the time.

Most states nationwide have their own wiretapping/electronic surveillance statutes, which vary by state. It is not illegal to record conversations if parties’ awareness and consent to the interception of the communication exists. There are certain limited exceptions to the general prohibition against electronic surveillance. The exceptions exist for so-called "providers of wire or electronic communication service" (e.g., telephone companies and the like) and law enforcement in the furtherance of criminal investigative activities. The Electronic Communication Privacy Act (ECPA) of 1986 allows employers to listen to "job-related" conversations. The ECPA gives employers almost total freedom to listen to any phone conversation, since it can be argued that it takes a few minutes to decide if a call is personal or job-related. However, this exception applies only to the employer, not the employee.

A person can violate such statutes by the following:

he/she can unlawfully intercept or procure another to unlawfully intercept a wire, oral or electronic communication;
he/she can unlawfully disclose the contents of an electronic, oral or wire communication;
he/she can unlawfully use the contents of an electronic, oral or wire communication; and
he/she can unlawfully advertise, sell or possess an "electronic, mechanical or other device(s)" which, by its design renders it primarily useful for the surreptitious interception of electronic, oral or wire communications. Evidence of communications obtained in violation of these statutes may be suppressed at proceedings and persons illegally obtaining them are subject to lawsuit and/or removal from their position.

Eavesdropping Law & Legal Definition​

Has a bug been found?

 

[Political Junky]

iPhones sure are convenient.

 

[Grandma]

Eavesdropping Law & Legal Definition

The crime of eavesdropping means to overhear, record, amplify or transmit any part of the private communication of others without the consent of at least one of the persons engaged in the communication, except as otherwise provided by law. Private communications take place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but such term does not include a place to which the public or a substantial group of the public has access. A person commits the crime of criminal eavesdropping if he intentionally uses any device to eavesdrop, whether or not he is present at the time.

Most states nationwide have their own wiretapping/electronic surveillance statutes, which vary by state. It is not illegal to record conversations if parties’ awareness and consent to the interception of the communication exists. There are certain limited exceptions to the general prohibition against electronic surveillance. The exceptions exist for so-called "providers of wire or electronic communication service" (e.g., telephone companies and the like) and law enforcement in the furtherance of criminal investigative activities. The Electronic Communication Privacy Act (ECPA) of 1986 allows employers to listen to "job-related" conversations. The ECPA gives employers almost total freedom to listen to any phone conversation, since it can be argued that it takes a few minutes to decide if a call is personal or job-related. However, this exception applies only to the employer, not the employee.

A person can violate such statutes by the following:

he/she can unlawfully intercept or procure another to unlawfully intercept a wire, oral or electronic communication;
he/she can unlawfully disclose the contents of an electronic, oral or wire communication;
he/she can unlawfully use the contents of an electronic, oral or wire communication; and
he/she can unlawfully advertise, sell or possess an "electronic, mechanical or other device(s)" which, by its design renders it primarily useful for the surreptitious interception of electronic, oral or wire communications. Evidence of communications obtained in violation of these statutes may be suppressed at proceedings and persons illegally obtaining them are subject to lawsuit and/or removal from their position.

Eavesdropping Law & Legal Definition​

Has a bug been found?

No. The office was swept. No bugs. Whoever narc'ed out McConnell was in the room with him.

There MIGHT be a law, depending on the circumstances, that makes it illegal to record the meeting without McConnell's knowledge or permission.

 

[Wicked Jester]

Not if the recording was made by an invited participant.

Wrong....it is a crime to tape somebody without their permission. Why do you think that whenever you call a Public Utility, Bank, etc., they must notify you that the call may be recorded, before transfering you to a live person to speak with.

 

[theDoctorisIn]

Not if the recording was made by an invited participant.

Wrong....it is a crime to tape somebody without their permission. Why do you think that whenever you call a Public Utilty, Bank, etc., they must notify you that the call may be recorded, before transfering you to a live person to speak with.

Actually, that depends on the state.

Some states are two-party consent states - in those states, both people involved in a conversation need to consent to the recording.

Other states (like KY) are one-party consent states. That means that anyone participating in the meeting could record it, legally.

 

[theDoctorisIn]

According to this statue Mother Jones has committed a crime, as well as the person that made the recording.

What "crime" did Mother Jones commit?


And if someone in that meeting recorded it, they didn't commit a "crime" either.

 

[tjvh]

Let's put this into perspective if someone were to plant a bug in his office... Senators have background checks and classified security clearances due to the nature of their work. Bugging a sitting Senators office would absolutely constitute a violation of National Security if in fact the Senator was discussing sensitive Classified material. If his office was bugged, then someone needs to go to JAIL. It's that simple.

 

[edthecynic]

Not if the recording was made by an invited participant.

Wrong....it is a crime to tape somebody without their permission. Why do you think that whenever you call a Public Utility, Bank, etc., they must notify you that the call may be recorded, before transfering you to a live person to speak with.

KY only requires consent of one party.

Ky. Rev. Stat. Ann. § 526.010: It is a felony to overhear or record, through use of an electronic or mechanical device, a wire or oral communication without the consent of at least one party to that communication. Ky. Rev. Stat. Ann. § 526.020.

 

[Political Junky]

Not if the recording was made by an invited participant.

Wrong....it is a crime to tape somebody without their permission. Why do you think that whenever you call a Public Utility, Bank, etc., they must notify you that the call may be recorded, before transfering you to a live person to speak with.

KY only requires consent of one party.

Ky. Rev. Stat. Ann. § 526.010: It is a felony to overhear or record, through use of an electronic or mechanical device, a wire or oral communication without the consent of at least one party to that communication. Ky. Rev. Stat. Ann. § 526.020.

Yes, it's by state. Cons still like states rights, I assume.

 

[Article 15]

I'm getting a real kick out of O'Keefe fans crying over this.