Can you wiretap or can
you help me wiretap my employees or spouse?
No. While both Texas and federal law authorize the monitoring (and recording if
desired) of any conversation to which you are a party or have the permission of
a party, wiretapping or room bugging is a federal and state felony. There is a
mixed bag of law as to whether an employer may tape record or monitor his employees'
conversations. Contact your attorney for an opinion on this matter. However, if
an employee signs an authorization and the monitoring of the conversation is simply
to provide quality control, then it may be authorized. Even wiretapping your child
or a person in your house is a crime. It is not a question of who owns the phones
because ultimately the local exchange carrier owns the phone lines. It is a privacy
issue and one which the government has signaled its intent to protect. Elsewhere
in this section we discuss that it is permissible to covertly tape record conversations
to which you are a party. Such records can be very useful in litigation. Yet at
all times, you need to comply with the law because trying to admit a tape obtained
illegally may subject you to both criminal and civil prosecution.