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Legal Definitions - aural acquisition

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Definition of aural acquisition

Aural acquisition refers to the act of listening to or recording the actual content of a communication. In the context of U.S. federal wiretapping laws, it specifically means intercepting and understanding the spoken words or other sounds exchanged during a conversation. This is distinct from merely identifying who initiated a communication, where it originated, or where it was sent.

Here are some examples to illustrate this concept:

  • Example 1: Law Enforcement Interception
    Federal agents, after obtaining a lawful court order, install a device to record phone calls made by a suspected organized crime figure. The agents then listen to these recorded conversations to gather evidence. This act of capturing and listening to the actual words spoken during the calls is an example of aural acquisition. It focuses on the substance of the communication, not just the fact that a call was made or to whom.

  • Example 2: Unauthorized Recording in a Private Space
    A private investigator, without proper authorization, places a hidden microphone in a company's executive boardroom to record discussions about a sensitive merger. When the investigator later plays back the recordings to hear what was said, they are engaging in aural acquisition. The focus is on capturing the spoken content of the meeting.

  • Example 3: Live Radio Transmission Interception
    A hobbyist uses a high-powered radio scanner to listen in on the private two-way radio communications between employees of a local security company. By tuning in and hearing the live audio transmissions, the hobbyist is performing aural acquisition, as they are directly listening to the content of the communications as they occur.

Simple Definition

Aural acquisition, within criminal law under the Federal Wiretapping Act, refers to the act of hearing or tape-recording a communication. This term specifically distinguishes the act of capturing the content of a communication from merely tracing its origin or destination.

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