Surreptious or Covert Audio is Illegal
And is a Federal Offense
Only Law Enforcement with the proper documentation
can purchase Covert Audio...
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Please Read the following before proceeding to our audio section!
We would like to thank First Witness for the following information...
http://www.FirstWitness.com
Covert Video and Audio Do
Not Mix!!
Over the years, many consumers as well as dealers have become confused about covert
video and audio. A day doesn't go by that one of our dealers will call and say that
"someone else had called in about audio". Although there are no Federal Laws on the
books regulating Covert Video, title 18.2-2512 (also known as Title III) does regulate the
manufacture, distribution, possession and advertising of surreptitious interception of wire,
oral or electronic communications. What this means in simple terms, is that when
someone has a hidden camera with audio, the audio would fall under title 18.2-2512 and is
against Federal Law. Title 18.2-2511 is the Federal Law that deals with a one party
consent for recording a conversation. However 18.2-2512 makes it illegal to build, sell, or
purchase a device unless you are a provider of wire or electronic
communication service, a
police department, or other Govt. Department. Also Title 47, Chapter I, Part 15, Section
15.9, states that parties other than Law Enforcement must have all parties consent before
any recording can take place. This means if you are not Law Enforcement, then it is a two
party consent under Federal Law. I have yet to locate any case law on this section, but it is
on the books. Click here for a list of States to see if you fall within a two party or one party
consent.
Now, if you're saying to yourself, "This is very vague", I agree. However two separate
defendants also attempted that defense and lost. In United States v. John BRIO, Steve
Alon N0. 97-4143 and United States v. The SPY FACTORY, INC, Ronald Kimball, Marlin
Richardson and Tracy Ford No. S 1 95 cr 737 (SS), both cases attempted to have the
charges dismissed due to 18.2-2512 and 18.2-2511 being unconstitutionally vague. In the
SPY FACTORY case, the defendants also attempted to argue that section 2512 conflicts
with Section 2511(2)(d) which explicitly permits the interception of communications so long
as least one party to the conversation consents to such interception. Even though the
Court stated that it was somewhat troubled by aspects of the enforcement of these laws
they none the less denied the defendants' motion to dismiss portions of the indictment on
the ground of vagueness.
I often laugh when I see a web site that has audio with video display, "It is the
responsibility of the Buyer (not the Distributor), to ascertain and obey all applicable local,
state and federal laws............". In my view, the dealers that have Covert Video with Audio
advertised for sale are in violation of 18.2-2512(1)(c). It is unlawful under this section to
advertise for sale a surreptitious device. In UNITED STATES v. Richard Lee BAST and
Redex Corporation, No. 72-2132 a search warrant was obtained in violation of 18.2-2512
when Redex Corporation placed in a brochure a advertisement for a small tape recorder.
According to the brochure, "The tape recorder secretly tapes a conversation, interview,
conference or lecture while in your shirt pocket". In another section of the brochure it
stated: extremely sensitive pick up to 75 feet. Whether it's a face-to-face conversation, an
around-the-table conference with a sizable group, or a lecture in a large hall or a secret
intelligence investigation- BINAURAL compensates automatically for each
situtation......You are free to concentrate on the proceedings while everything spoken is
taped. Now think about it, if the Govt. can get a search warrant based on the
advertisement of a micro tape recorder that is "placed in your shirt pocket", then a smoke
detector camera with audio is a open and shut case.
If that same company then sales a device to
the Buyer, they are again in violation of 18.2-2512 for the sale of any surreptitious device. When the Buyer takes
possession of the item, at that point the Buyer is in violation. You may think that the Govt. will never go
after the buyer, however people were charged after several New York spy shops were
raided back in 1995. Customs and the FBI charged the buyer after search warrants were
served on the spy shops and records indicated who the buyers were.
The bottom line is, do you really want to take a chance on buying or selling a item that
could place you in a Federal Prison for up to 5 years? In 1995 more than forty spy shops
were raided. A large number of the owners either went to jail or were placed on probation
along with some of their customers. If you feel you need the audio, then go to your local
Police Department or Sheriff's Office and get them involved. Otherwise, stick with the
video.
NEWS FLASH!!!!!
About the 2nd week of November 1999, several companies including GBC,
ADI,
Supercircuits and Pro Video were raided by Customs for selling covert video and audio.
This information is coming from several different sources however we did call GBC and the
sales person stated that they would not be selling anything with audio until further notice.
Included in the raid were several of the dealers of these products. More information will
follow in the coming months.
The above information is from research that has been conducted by the Law Firm of Franklin, Franklin, Denney &
Ward along with the National Legal Research Group, Inc. It is intended for First Witness Video Only!! We have
made some of the Key Points public for general info only!! The cases sited are on record, however use your own
attorneys for legal advice.
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