Wiretaps: What are they, and could one affect you?

Wiretapping is officially defined as using eavesdropping devices or software — like spy apps, surveillance vans, or third-party interference tools — to remotely monitor the functions of any device. This requires the consent of all involved and will only be admissible without consent if it's done with a warrant and for the investigation of serious crimes, such as: murder, human trafficking, serious sexual offences, or terrorism.

Copyright: Dwayne Hards.

Can anyone tap an electronic device? Yes. The unlawful interception of people's devices is possible and has happened to unknowing victims. However, this usually only happens when people have been tricked into installing dangerous malware.

Will government agencies — like territorial police forces; the FBI, CIA, or MI6/MI5; intelligence services; or the National Crime Agency — eavesdrop on my devices? To investigate serious criminal offences, in most jurisdictions, law enforcement may lawfully monitor the relevant suspects' devices but are only permitted to do so with a warrant and where there is a reasonable suspicion of serious criminal activity and when the wiretap is absolutely necessary. However, this cannot legally be done to those suspected of low-level crime and will be inadmissible if this were to happen.

What are the chances of me being wiretapped, or has this already happened? Unless you've installed malicious malware, have been hacked, or are reasonably suspected of organised criminal activity, the answer is almost guaranteed to be a no.

Can the police seize my device and view ts content? If the police reasonably suspect you of a crime and can prove that this is necessary for an ongoing investigation into an offence involving your device, they can lawfully do this in most provinces. And, in countries similar to the UK, the law is slightly more relaxed if the police physically seize your devices compared to when they remotely access them.