Under current law in the U.S., the government is authorized to intercept the wire, electronic, or oral communications of a criminal subject upon obtaining a special court order which has been designed by Congress and approved by the Supreme Court. When served with a court order, service providers and operators are obligated under statute to assist in the execution of a court-authorized tap or microphone installation. To obtain this order, Congress and the Supreme Court have specified that law enforcement must demonstrate that there is probable cause to believe that the subject under investigation is committing some specific, serious felony and that communications concerning the offense will be obtained through the intercepts.

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