With data routed via the internet, are land line phone calls private?

[Boojatta]

For any method of communication, an actual breach of privacy is possible. However, if you use a cell phone, then in addition to an actual breach, you are legally liable for your failure to use a sufficiently secure method of communication.

For land lines, there used to be an expectation of privacy, and you weren't legally responsible for a breach of privacy that involved somebody accessing signals transmitted through the phone system (as opposed to directly overhearing your voice).

Now that there are bundled packages of local and long-distance service, with economy achieved by routing digitized voice signals over the internet, has the situation changed? Is using a land line and preventing people from directly overhearing your voice adequate to prevent you from being held legally responsible for a breach of privacy?

[TheWraith]

1. What the hell?

"you are legally liable for your failure to use a sufficiently secure method of communication."

Um... no. Where did you hear that?

Also, you can't just "overhear" a cell phone call. They're encrypted. In that way, they're more secure than a regular landline.

[Boojatta]

2. I can't recall the source. I did a search a moment ago and found something (admittedly a bit old).

I added the bold and underlining. I presume that, in giving a list of secure methods of communication, they had a reason for specifying "land-line" and for omitting reference to cell phone transmissions.

AMERICAN BAR ASSOCIATION
STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY
Formal Opinion No. 99-413
March 10, 1999
Protecting the Confidentiality of Unencrypted E-Mail

A lawyer may transmit information relating to the representation of a client by unencrypted e-mail sent over the Internet without violating the Model Rules of Professional Conduct (1998) because the mode of transmission affords a reasonable expectation of privacy from a technological and legal standpoint. The same privacy accorded U.S. and commercial mail, land-line telephonic transmissions, and facsimiles applies to Internet e-mail. A lawyer should consult with the client and follow her instructions, however, as to the mode of transmitting highly sensitive information relating to the client's representation.

http://wps.prenhall.com/wps/media/objects/3034/3107650/documents/99-413.doc

[MineralMan]

3. The only thing I know about my phone calls is that they're boring.

I can't imagine anyone being interested in them.

[CelticThunder]

5. That's not thr point. As of course you know.

[MineralMan]

6. I don't care what the point is. The reality is that

if the government wants your communications, they will get them. That's nothing new at all. It is you who does not understand.

If your communications aren't of interest, then nobody's bothering with them. If you're communicating stuff the government might be interested in, you should take whatever precautions you thing will keep them secure.

I'm not dealing with what the government can do. I'm talking about what I do. Your mileage may differ. The federal government's ability to know what you're communicating is of long-standing. Trust me.

[saras]

4. Given the Patriot act and the NSA, nothing you haven't encrypted is private

And even then there's no guarantee, just your own skill and artifice.

[MineralMan]

7. Which is why you should be careful with your communications

if you are communicating something that might interest the government. If you're not, then they're not interested in any way.