Sneaky, sneaky. Thanks to a recent Tik Tok video that went viral, social media was reminded about Apple's accessibility feature that can essentially turn any pair of AirPods into an eavesdropping device. Although the technology is far from new, the recent discussion about the AirPod's “spyware,” may excite or worry you, depending on what kind of information you are trying to scoop or hide. But what does the law say about this type of eavesdropping technology? Is it even legal, and what are the penalties if you are caught listening in too closely?

Can I Go To Jail For Eavesdropping? It Depends

As technology has continued to advance over the years, the United States has enacted several strict laws regarding electronic surveillance. One of the most prevalent laws, the Electronic Communications Privacy Act of 1986, penalizes those who “intentionally intercept a wire, oral or electronic communication by using any electronic, mechanical or other devices.” In the instance of the AirPod listener, it would be illegal under the act to knowingly use the technology to listen in on private conversations. If done unintentionally through something like a system glitch or a user error, the mistake would likely not be penalized because the listener was not “intentionally” seeking to intercept private communications. Exceptions may apply where the parties have previously consented to the surveillance through the means of agreements like an employment contract.

Reasonable Expectation Of Privacy Matters

The nature of the audio retrieved also matters because the law seeks to protect conversations that were reasonably assumed to be private. Whether or not there is a reasonable expectation of privacy can depend on things like where the conversation is taking place, the nature of the conversation, the time of the conversation, and even the demeanor of the parties. For instance, if an AirPod listener uses their technology to intercept singing voices in a crowd at a concert, this likely would not be a problem as the people singing do not have a reasonable expectation of privacy to conceal their voice since they are singing in public. If, however, an AirPod user uses the technology to intercept a conversation between a couple sitting quietly across the park and engaged in a serious conversation, this likely would be an infringement on their reasonable expectation of privacy.

Criminal And Civil Penalties May Apply

In sum, if you are dying to try out your AirPod's “spyware,” be careful. Criminal defendants who knowingly partake in electronic surveillance can face serious civil lawsuits as well as criminal penalties, including jail time and up to $250,000.00 in fines.

Eavesdropping Charges In Pennsylvania? Give Us A Call

For more questions about the intersection of technology and privacy laws, contact the experienced Criminal Defense Team at the LLF Law Firm. The LLF Law Firm has developed a successful track record for defending Internet and Cybercrimes and knows how to craft an aggressive defense to any Federal or State charges you may be facing. Contact the LLF Law Firm today by calling (888) 535-3686.