Florida
Florida Employee Monitoring Laws: Employer Rules (2026)
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 6 primary sources cited on this page. How we verify our legal content
Florida employers can monitor company email, internet use, and security cameras in shared work areas without any special notice statute. But Florida's all-party consent recording law makes monitoring phone calls and audio far riskier here than in most states, and no state law protects an employee's social media password.
Information in this article was last verified on July 9, 2026. This page addresses Florida employer monitoring law only. It has not been reviewed by a Florida-licensed attorney.
What federal law allows Florida employers to monitor
The floor for every state, including Florida, is Title I of the Electronic Communications Privacy Act (18 U.S.C. §§ 2510-2523). ECPA bars intentionally intercepting wire, oral, or electronic communications without consent (18 U.S.C. § 2511), but the business-extension exemption in § 2510(5)(a) excludes employer-provided communications equipment used "in the ordinary course of its business" from the Act's definition of a regulated interception device, a doctrine case law extends to an employer that owns the phone, email, or computer network its employees use.
The leading case interpreting that exception, Watkins v. L.M. Berry & Co., 704 F.2d 577 (11th Cir. 1983), is binding precedent in Florida because Florida sits in the Eleventh Circuit. In Watkins, a supervisor at an employer with an established policy of monitoring sales solicitation calls as part of its training program listened in on an employee's personal call from a friend, and the Eleventh Circuit reversed summary judgment for the employer, leaving it to the trier of fact to decide at what point the supervisor should have hung up. The court held the ordinary-course exception let the employer listen only long enough to determine the call was personal; continued monitoring after that point fell outside the exception. Florida employers relying on the federal exception should build a stop-when-personal practice into any call-monitoring program for this reason. This site's United States recording laws hub covers the federal and state wiretap framework in depth; this article does not re-derive it.
Florida's all-party consent rule makes call monitoring different here
Florida Statute § 934.03 requires all parties to a wire, oral, or electronic communication to consent before it can lawfully be intercepted or recorded, which makes Florida one of roughly a dozen all-party (sometimes called "two-party") consent states. A knowing violation is a third-degree felony, and § 934.10 lets an intercepted party sue for liquidated damages of at least $100 a day per violation or $1,000, plus punitive damages and attorney's fees.
For an employer, that changes the call-monitoring calculus considerably compared to a one-party consent state. The federal business-extension exemption under § 2510(5)(a) may still shield business-purpose monitoring of business calls on company systems, but Florida's stricter state standard runs on top of it, and an employer that also wants a clean state-law footing typically secures each employee's consent through a signed acknowledgment of a monitoring policy, satisfying § 934.03(2)(d)'s consent exception directly. This site covers Florida's all-party consent rule and its exceptions in full at the Florida recording laws guide, and covers the specific employee-recording-employer angle at the Florida workplace recording laws page; this article focuses on the reverse direction, the employer monitoring the employee.
Does Florida require employers to give notice before monitoring?
No. Florida has not enacted a statute like Connecticut's § 31-48d, Delaware's § 705, New York's Civil Rights Law § 52-c, or Maine's 26 M.R.S. § 620-A, each of which requires employers to give employees advance written notice before electronic monitoring begins. Florida employers monitoring company email, internet use, or computer activity are not subject to a state-law notice trigger the way employers in those four states are.
That does not mean notice is irrelevant. A written monitoring policy, acknowledged by the employee, is still the most direct way for a Florida employer to establish consent under § 934.03(2)(d) for any call-recording component of a monitoring program, and it remains standard practice for reducing an employee's expectation of privacy in company-owned systems generally. But the legal trigger in Florida is consent to recording under Chapter 934, not a freestanding notice-of-monitoring statute.
Video surveillance limits in a Florida workplace
Florida law permits video surveillance of common work areas, such as sales floors, warehouses, hallways, and lobbies, without requiring all-party consent, since a camera recording video only (no audio) generally falls outside § 934.03's communications-interception framework. The hard limit is Fla. Stat. § 810.145, the state's digital voyeurism statute. Under § 810.145(2), it is a felony to intentionally use or install an imaging device to secretly view, broadcast, or record a person who is dressing, undressing, or privately exposing the body, without that person's knowledge and consent, at a place and time when that person has a reasonable expectation of privacy, and only when it is done for amusement, entertainment, sexual arousal, gratification, or profit, or to degrade, exploit, or abuse another person. The statute names the bathroom, changing room, fitting room, dressing room, and tanning booth as places where that expectation exists. A person 19 or older convicted under § 810.145(2) commits a third-degree felony; the offense is reclassified upward if the offender holds a position of authority or trust over the victim, which includes a supervisor over an employee.
In practice this means an employer can point cameras at a stockroom or a cash register, and a hidden camera in a restroom or changing area sits squarely inside the statute. But § 810.145 is narrower than it is often described. Subsection (5) states that the section does not apply to a security system when a written notice is conspicuously posted on the premises stating that a video surveillance system has been installed for the purpose of security for the premises, or to a video surveillance device that is installed in such a manner that the presence of the device is clearly and immediately obvious. Secrecy and the enumerated purpose are elements of the offense, so a posted, plainly visible camera falls outside this particular statute.
That is not a green light. Other law can still bar the camera: an employee recorded while changing clothes may bring a Florida common-law invasion-of-privacy claim regardless of § 810.145, and a camera that captures audio runs into § 934.03 separately. The accurate statement is that § 810.145 reaches secret cameras aimed at people dressing or undressing, not that it prohibits every restroom or locker-room camera unconditionally.
No social media password protection in Florida
Florida has not enacted a law barring employers from asking an employee or applicant for a personal social media username or password. The National Conference of State Legislatures counts 27 states with that kind of protection as of this writing, and Florida is not one of them. Bills addressing employee social media privacy have been introduced in the Florida Legislature in past sessions, but none has been signed into law.
That leaves federal anti-discrimination law as the main constraint: an employer that gains access to an employee's social media account cannot use what it learns there to make an employment decision based on a protected characteristic, such as race, religion, disability, or national origin, without exposing itself to a discrimination claim under Title VII or Florida's own Civil Rights Act. The access itself, though, is not independently restricted by Florida statute.
GPS and vehicle tracking notice
Florida rewrote its general tracking-device law, Fla. Stat. § 934.425, in 2024 and again in 2025. It is now a felony to install a tracking device or tracking application on someone else's property, or to use one to determine another person's location, without that person's consent. The statute carries a business-owner exception: an employer that owns or leases the vehicle being tracked falls within the statute's ownership exception and does not need the driver's separate consent to track that vehicle, though the statute does not require the employer to give the employee advance written notice either. New Jersey is currently the only state with a dedicated employer vehicle-tracking notice statute (N.J. Stat. § 34:6B-22); Florida has not adopted an equivalent. This site's Florida GPS tracking laws guide covers § 934.425 and its exceptions in full, including what happens when the vehicle is not employer-owned.
Biometric time clocks and consumer privacy law
Florida has not enacted an Illinois-style biometric privacy statute. Illinois' Biometric Information Privacy Act (740 ILCS 14) requires written consent before an employer collects a fingerprint or face scan and creates a private right of action; Florida employers using fingerprint or facial-recognition time clocks are not subject to an equivalent state-law consent duty, though they should still watch this area, since BIPA-style class actions against trucking and logistics companies over driver-facing cameras have produced multi-million-dollar settlements in Illinois in 2025.
Florida's own consumer privacy statute, the Florida Digital Bill of Rights (Fla. Stat. § 501.701 et seq.), will not fill that gap for most employers. It exempts data processed in the course of an individual's employment under § 501.704(16), and it only applies to a "controller" with more than $1 billion in global gross annual revenue that also meets an additional threshold, such as deriving half its revenue from online advertising. The large majority of Florida employers are not covered by the statute at all, and even a covered employer's employee data falls outside its scope.
Disclaimer
This article provides general legal information about Florida employer monitoring law as of July 9, 2026. It addresses Florida statutes and the federal Electronic Communications Privacy Act as they apply to workplace electronic monitoring, call recording, video surveillance, GPS tracking, and social media privacy. It is not legal advice and does not create an attorney-client relationship. Employment monitoring disputes are fact-specific; consult an attorney licensed in Florida for advice about a specific situation.
Related articles
- Florida Recording Laws: All-Party Consent Rules
- Florida Workplace Recording Laws
- Florida GPS Tracking Laws
- United States Recording Laws by State
- Employee Monitoring Laws by State
Last updated: July 9, 2026. Statutes cited reflect their in-force version as of that date.
More Florida Laws
- Florida AI Meeting Recording Laws
- Florida At-Will Employment Laws
- Florida Data Privacy Laws
- Florida GPS Tracking Laws
- Florida Recording Laws
- Florida Whistleblower Laws
Frequently Asked Questions
Does my Florida employer have to tell me if they are monitoring my email or internet use?
No. Florida has no statute requiring employers to give advance notice before monitoring company email or internet activity, unlike Connecticut, Delaware, New York, or Maine. A written company policy is still standard practice, but it is not a separate legal requirement in Florida.
Can my employer record my phone calls in Florida?
Only with everyone's consent. Florida is an all-party consent state under Fla. Stat. § 934.03, so an employer generally needs every participant's consent to lawfully record a call, which is a stricter standard than the one-party consent rule most states use.
Can a Florida employer ask for my social media password?
Florida has no law prohibiting it. Twenty-seven states restrict employers from requesting an employee's social media login credentials, but Florida is not one of them, and past bills to add that protection have not passed.
Can my employer put a GPS tracker on my company car in Florida?
Yes, if the employer owns or leases the vehicle. Fla. Stat. § 934.425's ownership exception lets an employer track a vehicle it owns without the driver's separate consent, though Florida does not require the employer to give advance written notice the way New Jersey's dedicated tracking statute does.
Can my employer put a camera in the employee bathroom or locker room?
Almost never, but the statute is narrower than it sounds. Fla. Stat. § 810.145 makes it a felony to secretly record a person who is dressing, undressing, or privately exposing the body where that person expects privacy, and only when it is done for amusement, entertainment, sexual arousal, gratification, or profit, or to degrade, exploit, or abuse someone. Subsection (5) then exempts a security system with conspicuously posted written notice, and any camera whose presence is clearly and immediately obvious. A hidden camera in an employee restroom or locker room is squarely within the statute; a posted and plainly visible one falls outside it, though a Florida common-law invasion-of-privacy claim can still reach it.
Does Florida's new data privacy law protect my information from workplace monitoring?
Generally not. The Florida Digital Bill of Rights exempts data collected in the course of employment and only applies to very large companies with over $1 billion in global revenue, so it does not create a general employee-monitoring notice requirement.
Can my employer read my personal text messages if I use a company phone?
An employer generally can monitor activity on a company-owned device under the federal ordinary-course-of-business exception, but Florida's all-party consent law still applies to the content of an intercepted communication, and monitoring should stop once a message is clearly personal, per Watkins v. L.M. Berry & Co., 704 F.2d 577 (11th Cir. 1983).
Updates
Corrected the description of Watkins v. L.M. Berry & Co. to reflect that the court did not find the supervisor kept listening after the call was identified as personal, but sent that question back to the trier of fact.
Corrected the description of Florida’s digital voyeurism statute (Fla. Stat. § 810.145) to include its secrecy and purpose elements and the statutory exceptions for posted security systems and plainly visible cameras, and fixed two internal links that pointed to an unrelated ankle-monitor article.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Corrected the source of the employer 'ordinary course of business' monitoring doctrine from 18 U.S.C. 2511(2)(a)(i) (the service-provider exception) to 18 U.S.C. 2510(5)(a) (the business-extension exemption), the provision Watkins v. L.M. Berry actually applies.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Florida Statutes
§ 934.03Interception and disclosure of wire, oral, or electronic communications prohibited.In forcecited in 53 of our articles
(1) Except as otherwise specifically provided in this chapter, any person who:(a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication; (b) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or 2.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 74 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Walls (1978) held that recording an in-home oral communication without the consent of all parties violated section 934.03 and required suppression, and State v. Inciarrano (1985) held the statute protects only communications uttered with a reasonable expectation of privacy.
Opinions citing this section in our collection:
- State v. Walls (Supreme Court of Florida 1978, 356 So. 2d 294)✓An extortion victim secretly recorded threats made to him in his own home; the court held that was a protected oral communication, that recording it without every party's consent violated Section 934.03, and that Section 934.06 barred using the tape as evidence.
- SHARRON TASHA FORD v. CITY OF BOYNTON BEACH (District Court of Appeal of Florida 2021)“…ng oral communications in violation of the wiretap statute, section 934.03, Florida Statutes (2009), and for obstructing without vio…”
- State v. Calhoun (Circuit Court for the Judicial Circuits of Florida 1984, 7 Fla. Supp. 2d 3)“…hall not be violated” . . . (emphasis mine) Furthermore, section 934.03, Florida Statutes, makes it unlawful for *6 any person (…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Recording Laws (2026): All-Party Consent Rules, Florida Dashcam Laws: Rules for Dashboard Cameras (2026), Can an Employer Record Conversations Without Consent? (2026)
§ 934.425Installation or use of tracking devices or tracking applications; exceptions; penalties.In forcecited in 4 of our articles
(1) As used in this section, the term:(a) “Business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state. (b) “Tracking application” means any software program whose primary purpose is to track or identify the location or movement of an individual. (c) “Tracking device” means any device whose primary purpose is to reveal its location or movement by the transmission of electronic signals. (d) “Person” means an individual but does not include a business entity. (2) Except as provided in subsection (4), a person may not knowingly:(a) Install or place a tracking device or tracking application on another person’s property without that person’s consent; or (b) Use a tracking device or tracking application to determine the location or movement of another person or another person’s property without that person’s consent.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 810.145Digital voyeurism.In forcecited in 17 of our articles
(1) As used in this section, the term:(a) “Broadcast” means electronically transmitting a visual image or visual recording with the intent that it be viewed by another person. (b) “Family or household member” has the same meaning as in s. 741.28. (c) “Imaging device” means any mechanical, digital, or electronic viewing device; still camera; camcorder; motion picture camera; or any other instrument, equipment, or format capable of recording, storing, or transmitting visual images of another person. (d) “Position of authority or trust” means a position occupied by a person 18 years of age or older who is a relative, caregiver, coach, employer, or other person who, by reason of his or her relationship with the victim, is able to exercise undue influence over him or her or exploit his or her trust. (e) “Privately exposing the body” means exposing a sexual organ.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2024
In the courts (editorial summary, independently checked):Kenneth Isaac Parkerson v. State of Florida (2015) rejected a facial overbreadth challenge to section 810.145, holding the video voyeurism statute regulates conduct, not pure speech. Clemen v. Surterra Holdings, Inc. (2024) drew on its privacy definition and exemption for clearly visible cameras when dismissing an intrusion claim.
Opinions citing this section in our collection:
- Kenneth Isaac Parkerson v. State of Florida (District Court of Appeal of Florida 2015, 163 So. 3d 683)✓A man caught watching people inside their homes, once carrying a camera, argued Florida's video voyeurism statute was facially overbroad because it could reach journalists and investigators; the court held section 810.145 is not overbroad and affirmed his convictions.
- Clemen v. Surterra Holdings, Inc. (District Court, M.D. Florida 2024)✓A worker sued over cameras aimed at a workplace changing area; dismissing her intrusion on seclusion claim, the court drew on section 810.145's privacy definition and its exclusion for obvious cameras, and found no authority making an alleged violation outrageous per se.
- Keith Taig v. City of Vero Beach (Court of Appeals for the Eleventh Circuit 2023)✓A spa customer recorded by covert police cameras installed under a court order argued Florida statutes including section 810.145 gave officers clear notice of customers' privacy rights; the court held those state statutes do not clearly establish a federal constitutional right.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Is It Illegal to Video Record Someone Without Their Consent? (2026), Florida Landlord-Tenant Recording Laws: Cameras and Privacy Rules (2026), Florida Security Camera Laws: Home, Business, and HOA Rules (2026)
§ 934.10Civil remedies.In forcecited in 14 of our articles
(1) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of ss. 934.03-934.09 shall have a civil cause of action against any person or entity who intercepts, discloses, or uses, or procures any other person or entity to intercept, disclose, or use, such communications and shall be entitled to recover from any such person or entity which engaged in that violation such relief as may be appropriate, including:(a) Preliminary or equitable or declaratory relief as may be appropriate; (b) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (c) Punitive damages; and (d) A reasonable attorney’s fee and other litigation costs reasonably incurred. (2) A good faith reliance on:(a) A court order, subpoena, or legislative authorization as provided in ss. 934.03-934.09, (b) A request of an investigative or law enforcement officer under s. 934.09(7), or (c) A good faith determination that Florida or federal law, other than 18 U.S.C. s.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 33 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Minotty v. Baudo (2010) held the civil action reaches only actual interception, not attempts, and does not cover silent video surveillance. Jatar v. Lamaletto (2000) affirmed summary judgment where the plaintiff had no reasonable expectation of privacy. Burgess v. Burgess (1984) held interspousal immunity does not bar the action.
Opinions citing this section in our collection:
- Burgess v. Burgess (Supreme Court of Florida 1984, 447 So. 2d 220)“…mages brought by one spouse against the other spouse, under Section 934.10, Florida Statutes (1979)? Burgess v. Burgess, 417 S…”
- Minotty v. Baudo (District Court of Appeal of Florida 2010, 42 So. 3d 824)✓A doctor hid cameras in colleagues' offices, but the microphones never worked, so only silent video was captured. The court held section 934.10 gives a civil claim only for actual interception of oral communications, not attempts or silent video, and reversed those judgments.
- Roberts v. Jardine (District Court of Appeal of Florida 1978, 358 So. 2d 588)✓Sued under section 934.10 for secretly taping a phone call, the defendant refused to answer interrogatories. The court held she could invoke the Fifth Amendment, since interception is also a crime, and could not be defaulted for it, but had to produce the tape already played.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Audio Recording Laws: All-Party Consent Rules and Penalties (2026), Florida Medical Recording Laws: Patient Rights and HIPAA Rules (2026), Florida Phone Call Recording Laws: Consent Rules for Calls (2026)
§ 501.704Exemptions.In force
All of the following information is exempt from this part:(1) Protected health information under the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. ss. 1320d et seq. (2) Health records. (3) Patient identifying information for purposes of 42 U.S.C. s. 290dd-2. (4) Identifiable private information:(a) For purposes of the federal policy for the protection of human subjects under 45 C.F.R. part 46; (b) Collected as part of human subjects research under the good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use or the protection of human subjects under 21 C.F.R. parts 50 and 56; or (c) That is personal data used or shared in research conducted in accordance with this part or other research conducted in accordance with applicable law. (5) Information and documents created for purposes of the Health Care Quality Improvement Act of 1986, 42 U.S.C. ss. 11101 et seq. (6) Patient safety work product for purposes of the Patient Safety and Quality Improvement Act of 2005, 42 U.S.C. ss. 299b-21 et seq.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
§ 501.701Short title.In forcecited in 7 of our articles
This part may be cited as the “Florida Digital Bill of Rights.”
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Also relied on in: Florida Data Privacy Laws: Digital Bill of Rights & Breach Rules (2026), Florida Biometric Privacy Laws: Collection, Consent & Penalties (2026), FDBR Compliance Checklist: Florida Data Privacy
United States Code Title 18
§ 2511Interception and disclosure of wire, oral, or electronic communications prohibitedIn forcecited in 441 of our articles
Except as otherwise specifically provided in this chapter any person who— intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or such device transmits communications by radio, or interferes with the transmission of such communication; or such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign…
Official text (excerpt) · last checked 2026-09-17 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,045 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Griggs-Ryan v. Smith (1990) applied the Section 2511(2)(d) prior-consent exception, treating a tenant repeatedly told that all incoming calls were taped as having impliedly consented. United States v. United States District Court (1972) read the then-current Section 2511(3) as conferring no presidential surveillance power.
Opinions citing this section in our collection:
- Mitchell v. Forsyth (Supreme Court of the United States 1985, 472 U.S. 511)✓The Attorney General authorized a warrantless 1970 national security wiretap that caught the plaintiff's calls; the Court held the since-repealed Section 2511(3) disclaimer left the tap lawful under Title III, and that Mitchell had qualified immunity.
- United States v. United States District Court for the Eastern District of Michigan (Supreme Court of the United States 1972, 407 U.S. 297)✓The Attorney General approved warrantless wiretaps on members of a domestic group accused of bombing a CIA office; the Court read Section 2511(3) as a congressional disclaimer conferring no surveillance power, then held the Fourth Amendment required prior judicial approval.
- Forsyth v. Barr (Court of Appeals for the Fifth Circuit 1994, 19 F.3d 1527)✓Dallas police used, in an internal affairs probe of an officer, calls private parties allegedly intercepted illegally; assuming that was unlawful, the Fifth Circuit held Section 2517(1) and (2) allowed the disclosure and use, defeating the Section 2511(1)(c) and (d) claims.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Connecticut Recording Laws (2026): Hybrid Consent Rules Explained, Oregon Recording Laws (2026): Hybrid One-Party and All-Party Rules, US Recording Laws by State (2026): All 50 States Explained
§ 2510DefinitionsIn forcecited in 137 of our articles
As used in this chapter— “wire communication” means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of such connection in a switching station) furnished or operated by any person engaged in providing or operating such facilities for the transmission of interstate or foreign communications or communications affecting interstate or foreign commerce; “oral communication” means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication; “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; “intercept” means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.1 So in original. The period probably should be a semicolon.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,382 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):United States v. New York Telephone Co. (1977) held that pen registers fall outside Title III because they do not acquire the contents of a communication as Section 2510(4) and (8) define interception. Forsyth v. Barr (1994) applied the same definitions, treating the defendant officers as law enforcement officers under Section 2510(7).
Opinions citing this section in our collection:
- Forsyth v. Barr (Court of Appeals for the Fifth Circuit 1994, 19 F.3d 1527)✓Neighbors tapped an informant's home line and the overheard charges reached Dallas internal affairs; the Fifth Circuit saw no evidence the police defendants intercepted anything and held they were 2510(7) law enforcement officers, so 2517(1) and (2) allowed their use of it.
- Nixon v. Administrator of General Services (Supreme Court of the United States 1977, 433 U.S. 425)“…of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U. S. C. §§ 2510 et seq. 408 F. Supp., at 363 . We…”
- Gannett Co. v. DePasquale (Supreme Court of the United States 1979, 443 U.S. 368)“…of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U. S. C. § 2510 et seq., be preserved prior to the d…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Surveillance Camera Laws by State (2026 Guide), Georgia Recording Laws (2026): One-Party Audio, All-Party Video, District of Columbia Recording Laws (2026): One-Party Consent Rules
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- 18 U.S.C. § 2510(5)(a), Electronic Communications Privacy Act, business-extension exemption ("ordinary course of business")(law.cornell.edu).gov
- Watkins v. L.M. Berry & Co., 704 F.2d 577 (11th Cir. 1983), binding Eleventh Circuit precedent narrowing the ordinary-course exception once a call is identified as personal(law.resource.org)
- Fla. Stat. § 934.03, Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited (Florida's all-party consent rule)(flsenate.gov).gov
- Fla. Stat. § 934.425, Installation or Use of Tracking Devices or Tracking Applications(leg.state.fl.us).gov
- Fla. Stat. § 810.145, Digital Voyeurism(flsenate.gov).gov
- Fla. Stat. § 501.704(16), Florida Digital Bill of Rights employment-data exemption(flsenate.gov).gov
- National Conference of State Legislatures, "Privacy of Employee and Student Social Media Accounts" (50-state tracker)(ncsl.org)
- 18 U.S.C. § 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited(uscode.house.gov).gov