We have all heard about this Tape that was and intercepted telephone conversation between Duane “Dog” Chapman and his son Tucker that has Dog saying the “N” word. Reading the statement by the Editor-in-Chief of the National Enquirer, David Perel, says that how they got the tape was in his words “There’s no problem with how the tape was obtained…”. Perel also will not say how he obtained the tape and whether or not it was obtained using a warrent as required by Hawaii State Law. David Perel’s position is that since Dog Chapman use the “N” word in any context makes him a “Racist” and “He must be OFF the Air”.. (those are Perel’s words).
Everything the Enquirer has done has violated both state and Federal law, not only wiretap laws, but he has violated the Chapman’s Civil Rights, to include privacy rights. Here is the Hawaii Wiretap Law:
§803-42 Interception, access, and disclosure of wire, oral, or electronic communications, use of pen register, trap and trace device, and mobile tracking device prohibited. (a) Except as otherwise specifically provided in this part, any person who:
(1) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;
(2) 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 wire, oral, or electronic communication when:
(A) Such a device is affixed to, or otherwise transmits a signal through, a wire, cable, or other similar connection used in wire communication; or
(B) Such a device transmits communications by radio, or interferes with the transmission of such communication;
(3) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this part;
(4) Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this part;
(5) (A) Intentionally accesses without authorization a facility through which an electronic communication service is provided; or
(B) Intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage;
(6) Intentionally discloses, or attempts to disclose, to any other person the contents of any wire, oral, or electronic communication, intercepted by means authorized by subsection (b)(1), (2), or (3), or section 803‑44 or 803‑46; and
(A) Either:
(i) Knowing or having reason to know that the information was obtained through the interception of the communication in connection with a criminal investigation; or
(ii) Having obtained or received the information in connection with a criminal investigation; and
(B) With the intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation[;]
(7) Intentionally installs or uses a pen register or a trap and trace device without first obtaining a court order; or
(8) Intentionally installs or uses a mobile tracking device without first obtaining a search warrant or other order authorizing the installation and use of such device, unless the device is installed by or with consent of the owner of the property on which the device is installed;
shall be guilty of a class C felony.
(b)(1) It shall not be unlawful under this part for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication services, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication in the normal course of the officer’s, employee’s, or agent’s employment while engaged in any activity that is either a necessary incident to the rendition of the officer’s, employee’s, or agent’s service or to the protection of the rights or property of the provider of that service; provided that providers of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
(2) It shall not be unlawful under this part for an officer, employee, or agent of the Federal Communications Commission, in the normal course of the officer’s, employee’s, or agent’s employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of Title 47, chapter 5, of the United States Code, to intercept a wire or electronic communication, or oral communication transmitted by radio, or to disclose or use the information thereby obtained.
(3) (A) It shall not be unlawful under this part for a person not acting under color of law to intercept a wire, oral, or electronic communication when the person is a party to the communication or when one of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State.
(B) It shall not be unlawful for a person acting under color of law to install in any private place, without consent of the person or persons entitled to privacy therein, any device for recording, amplifying, or broadcasting sounds or events in that place, or use of any such unauthorized installation, or installation or use outside a private place of such device to intercept sounds originating in that place which would not ordinarily be audible or comprehensible outside.
(4) It shall not be unlawful under this part for a person acting under color of law to intercept a wire, oral, or electronic communication, when the person is a party to the communication or one of the parties to the communication has given prior consent to the interception.
(5) It shall not