Once seen only in the shadows of the war against organized crime, the Federal Wiretap Act should now be moving steadily and rapidly toward the top of the corporate compliance checklist. Robust civil remedies, recent court decisions and technological developments have transformed the act’s risk profile from a nonevent to a statute worthy of significant attention.

Although principally a criminal statute, the Federal Wiretap Act is unique among privacy laws in that it provides for substantial monetary damages without proof of actual harm.