State Government Video Surveillance Laws

Federal Government Video Surveillance Law

Federal Views on Silent Video

Title I of the Electronic Communications Privacy Act of 1986 (18 U.S.C. Section 2510), limits the ability of law enforcement to execute wiretaps. Under Title 1, police departments must obtain warrants prior to secretly intercepting some communications. In contrast, silent video surveillance (involving no recording of sounds) on public streets does not have to comport with Title 1 because the Act concerns itself only with devices which capture audio signals. The U.S. Senate report on the Act noted that:

If law enforcement officials were to install their own cameras and create their own CCTV picture of a meeting, the capturing of the video image would not be an interception under the statute because there would be no interception of the contents of an electronic communication."

Title 1 limits video surveillance with audio capabilities; it covers orders "authorizing or approving the interception of a wire or oral communication." (The U.S. Supreme Court in U.S. vs. New York Telephone Company, 434 U.S. 159 (1977), recognized that all audio surveillance falls within the ambit of Title III, the predecessor statute to Title I. The Court, in holding that pen registers do not implicate Title III, stated pen registers "do not hear sound...They do not accomplish the 'aural acquisition' of anything [and they] present the information in a form to be interpreted by sight rather than by hearing." In contrast, a device with audio capabilities falls within the guidelines established by Title I.) Thus, any continuous video surveillance that also has an audio component must comport with Title I. If a continuous video surveillance device can intercept sound, and the surveillance constitutes a search, the police must first obtain a warrant prior to the installation of the device.