[Congressional Record Volume 144, Number 53 (Monday, May 4, 1998)]
[Senate]
[Page S4202]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         TELEPHONE PRIVACY ACT

  Mr. BUMPERS. Madam President, I recently introduced S. 1968, the 
Telephone Privacy Act. This bill, which has bipartisan support, has 
nothing to do with Linda Tripp or anybody else.
  I first proposed legislation regarding telephone privacy in 1984 when 
it was revealed that Charles Wick, who was head of the United States 
Information Agency, had tape-recorded President Reagan and President 
Carter and several Cabinet officials 84 times without their knowledge.
  Can you remember when you were a kid and you used to listen to 
telephone conversations? The announcer would call somebody or somebody 
would call in because they had the answer to a question, and you would 
hear beeping in the background. In those days, that was a sign that you 
were being recorded. Somewhere along the line, that practice was 
discontinued. Today, you can tape-record your very best friend and not 
tell that friend and hand it to all three networks for use on the 
evening news and no federal crime has been committed.
  Not too long ago, Attorney General Reno testified before the 
Appropriations Subcommittee on State, Justice, Commerce, on which I 
sit. At that time, we were working on this bill, and I asked her about 
it. She said, ``Well, Florida already has such a law that makes it a 
criminal offense to tape-record a conversation without telling 
somebody.''
  I said, ``How long have they had the law?''
  She said, ``Since around 1970.''
  I said, ``Were you the prosecutor in Dade County at the time that 
happened?''
  She said she was.
  I said, ``Well, how did you feel about the bill when it was being 
debated?''
  She said, ``I favored it.''
  As usual, Congress doesn't get the message until after the States 
have acted--16 States have already enacted legislation almost identical 
to S. 1968 , and here we sit still allowing people to invade our 
privacy, the most fundamental privacy when people have their guard down 
the most, by tape-recording conversations which can later be used for 
any purpose they choose. It is not an offense, and it ought to be.
  I hope that some of my colleagues who may be listening will go back 
and look at my full remarks that were entered in the Record at the time 
I introduced that bill.

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