Are you well versed in the ins and outs of the federal Wiretap Act? Do you clearly apprise customers of the legalities of using the products you sell? Is there a prominently displayed disclaimer on your website and marketing materials regarding proper usage of hidden cameras and other devices?
If your customer plans to record telephone calls or in-person conversations without consent by the person they are recording, they should also be aware that doing so is illegal.
Let’s start with the definition of the law, which is aimed at protecting citizens’ privacy in communications with other persons. Typically, when you think of a "wiretap," the first thing that comes to mind is someone listening to your telephone calls. However, the Act protects more than that.
Under the Act, it is illegal to intentionally, or purposefully, intercept, disclose, or use the contents of any wire, oral, or electronic communication through the use of a "device." The Act contains specific language prohibiting the manufacture, distribution/sale, possession, and/or use to secretly intercept or record someone’s communications without their knowledge.
You should also be aware that hidden video devices with audio capabilities are also covered under the Wiretap Act and selling the devices is a violation of the law. It’s particularly important to know the features and capabilities of any hidden camera product you import, as there may be an audio recording feature.
Further, be cognizant of your advertising practices. Video recording and audio devices may not be marketed as covert or hidden recording products. Remember, only law enforcement may purchase and use hidden audio devices.
With regards to our company, it is KJB Security Products’ policy not to sell audio/video equipment domestically, except to law enforcement. Additionally, we include the following disclaimer on all marketing materials:
Some of the Product(s) purchased/sold by KJB are subject to the jurisdiction of the U.S. Wire and Communications Act (18 United States Code §§ 2510-2522) (Act). The products include those with surreptitious listening devices, which are regulated by the Act. Additionally, the laws of some states, counties, cities or localities may prohibit the possession and/or use of some of the these products. It is the responsibility of the buyer to ascertain, understand, and obey any and all applicable local, state, and federal laws regarding possession and/or use of any KJB product. Diversion or re-export contrary to U.S. law is prohibited. ALL OFFERS VOID WHERE PROHIBITED BY LAW
So, what are you doing to protect yourself, your company, your customers and the public? Are you doing enough? We’ll dive deeper into the legalities of hidden camera use as well as examine specific cases affecting not only the end user, but the dealers as well.
This article is in no way to be considered legal advice. Please review the laws in your own state and seek professional legal consultation as needed.
