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1995-01-12
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Fact Sheet No. 1
**Cordless and Cellular Phones: Is Everybody Listening?**
October 1992; Rev'd. March 1994
Copyright 1992, 1994, Center for Public Interest Law
**************************************
The Privacy Rights Clearinghouse
The Center for Public Interest Law
5998 Alcala Park
San Diego, CA 92110
(619)260-4806
(619) 260-4753 (fax)
e-mail prc@teetot.acusd.edu
Hotline: +1 800-773-7748 (Calif. only)
+1 619-298-3396
***************************************
**Cordless and Cellular Phones: Is Everybody Listening?**
Be aware. *It's easy for others to listen to calls you make on
cordless or cellular phones* ... and you may never know your
conversations are being monitored. While cordless and cellular
phones are very popular and have several advantages, privacy is
not one of them.
**Can other people listen to my cordless & cellular phone
conversations?**
In a word--yes. In most cases, your cordless or cellular phone
conversations are probably overheard only briefly and
accidentally. But there are people who make it a hobby to listen
to cordless and cellular phone calls by using radio scanners.
Since others may be listening to your conversations, be
especially careful not to talk about financial information on a
cordless or cellular phone. For example, if you buy something
over the phone and give your credit card number and expiration
date, your cordless or cellular call could be monitored and you
might end up the victim of credit card fraud.
*Cordless telephones:* Cordless phones operate like mini-radio
stations. They send radio signals from the base unit to the
handset and from the handset back to the base. Signals from
cordless phones can be picked up by a number of other devices
including radio scanners, baby monitors, radios and other
cordless phones. The signal carrying your conversation can
usually be transmitted and overheard up to one-fourth mile away,
and it is sometimes possible for conversations to travel up to
two miles away.
*Cellular telephones*: Cellular phones send radio signals to low-
power transmitters located within "cells" of five to twelve miles
in radius. Because the signal carrying your conversation travels
so far, it is easy to randomly intercept cellular phone
conversations using advanced radio scanners. However, it is
difficult to locate and follow specific conversations since as
your automobile travels from cell to cell, the signal carrying
your voice is transferred to the nearest transmitter. Also,
cellular phone conversations usually are not picked up by
electronic devices such as radios and baby monitors, although
they may be received by televisions and radio scanners.
The Federal Communications Commission has ruled that as of April
26, 1994, no scanners may be manufactured or imported which tune
into frequencies used by cellular telephones, or which can be
readily altered by the user to tune into such frequencies (47 CFR
Part 15.37(f)). However the use of scanners manufactured prior to
April 1994 is not prohibited, so your calls are still not safe
from scanning.
**Is it legal to listen to other people's cordless or cellular
phone calls?**
*Yes and no*. There is no law preventing others from listening to
your cordless or cellular phone conversations as long as it is
not done with malicious intent. So, if your neighbor accidentally
hears your conversation on a radio scanner, it's not illegal. In
addition, unless the eavesdropper says something about what he or
she has overheard, you have no way of knowing your conversation
has been monitored.
_However, in California it is illegal to intentionally record or
maliciously intercept telephone conversations without the consent
of all parties_. This includes cordless and cellular calls
(California Penal Code Sections 632.5-632.7).
Law enforcement officials with the proper court authorization may
listen to and record phone calls without your knowledge. Also,
California Penal Code Section 633.5 states that if someone is
threatening another person with extortion, kidnaping, bribery or
any other felony involving violence, the calls may be recorded by
the person being threatened. Additionally, harassing phone calls
may be recorded for use as evidence. Finally, under special
limited circumstances, phone company employees may monitor calls.
**What is the best way to prevent my calls from being
overheard?**
Currently there is no inexpensive way to ensure privacy on either
cordless or cellular phone calls. If you are discussing a private
matter or you simply do not want others to listen to your call,
it is best to switch to a standard "wire" telephone. Be sure both
you and the person you are talking to are on standard phones.
Cordless phones with 10 channels and which automatically switch
between channels are not as easily monitored as one- or
two-channel models. Neither are the newest cordless phones which
use a higher frequency and have as many as 30 channels. However,
anyone using a radio scanner can eavesdrop on cordless phone
calls whether you use a 10-channel or the newest 30-channel
models. _Digital cordless_ phones are now available which give a
high level of protection against eavesdropping. However, these
phones are more expensive than analog cordless phones. _Digital
cellular_ phone networks will provide greater privacy than
current analog systems, but are several years from being widely
available. When shopping for a cordless or cellular phone, insist
that the manufacturer or salesperson provide you with clear
explanations of any privacy protection claimed for their
products.
**Are there other gadgets which may be broadcasting my
conversations?**
Yes. Baby monitors, children's walkie-talkies and some home
intercom systems may be overheard in the same manner as cordless
phones. For example, if you and a neighbor use baby monitors,
your unit might broadcast to the neighbor's receiver as well as
your own. Home intercom systems which operate by sending radio
signals have the same problem. If you are concerned about being
overheard on one of these devices, be sure to turn it off when it
is not in use. You might want to consider purchasing a "wired"
unit instead.
_________________________________________________________
Note: Calls made in the *workplace setting* are subject to
different regulations. For more information see the Privacy
Rights Clearinghouse Fact Sheet No. 7, "Employee Monitoring: Is
There Privacy in the Workplace?"
For more information, contact the *Privacy Rights Clearinghouse*
hotline at (800) 773-7748.
October 1992; Rev'd. March 1994
Copyright 1992, 1994, Center for Public Interest Law
* * * * * * * *
The Privacy Rights Clearinghouse is a nonprofit consumer
education service funded by the California Public Utilities
Commission through its Telecommunications Education Trust. It is
administered by the University of San Diego School of Law's
Center for Public Interest Law.
* * * * * * * *