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. * * * * * * * *