ABSTRACT

This chapter examines the various ways in which criminal offences may be committed through the illegal interception of telecommunications and the ways in which criminals have made use of interception to further their activities. Evidence of unauthorised or illegal interception of communications is scant, since victims of such activities are often unaware that interception of their communications has taken place, and offenders, including at times, law enforcement and particularly national security agencies, are generally unwilling to publicise their improprieties. The principal source of information on the extent to which illegal interception of communications takes place comes from judicial proceedings, either before courts or tribunals, in which attempts have been made to rely upon evidence obtained in this way. The Stewart Royal Commission concluded that illegal interceptions of telephone conversations were being carried out by persons, other than police, on a large scale throughout Australia and locally-based training of unauthorised persons in the skills of illegal interception seemed most probable.