The Ins and Outs of Illinois’ Law Against Interfering With Telephone Calls
The state of Illinois, like many other states, has laws prohibiting the interference with telephone calls and communications. Specifically, 720 ILCS 5/16-18 makes it illegal for a person to knowingly “[make] or cause to be made any noise or diversion with intent to disturb any telephone communication or with knowledge that he is violating the privacy rights of any person.” This law carries penalties of up to a year in jail and/or a $1,000 fine.
What Does This Law Prohibit?
There are a few key elements that make up an offense under this Illinois telephone interference law:
- Making noise or causing a diversion: This refers to any sounds, signals, or other interruptions that disrupt a telephone call or communication. Things like playing loud music near someone on a call, cutting phone lines, jamming signals, etc. would qualify.
- With intent to disturb the call: The noise/diversion has to be done deliberately to interrupt the telephone communication, not just by accident.
- Knowing it violates privacy rights: Even without intent to disturb, knowingly interfering with someone’s phone conversation is enough. The law aims to protect privacy.
So in summary – deliberately OR knowingly disrupting a phone call through noise, diversions, or interruptions violates 720 ILCS 5/16-18.
What Kind of Situations Does This Address?
There are a number of real-world scenarios where a person could potentially face charges under the Illinois phone interference law:
- A roommate who repeatedly blasts loud music when the other roommate is on an important business call, with intent to mess up the call.
- An ex-partner who cuts the phone line to prevent their former significant other from making calls.
- Protestors deliberately jamming signals to disrupt telecommunications.
- A hacker who hijacks phone conversations and inserts disruptive sounds or diversions.
- Companies testing electronics that give off signals interfering with telecom equipment.
So in general, situations involving intentional sabotage of phone calls, invasions of conversational privacy, and protest-related telecom disruption could trigger charges under 720 ILCS 5/16-18.
What Are Some Legal Defenses People Can Raise?
Those accused of violating the Illinois phone interference law do have some legal defenses they can turn to, including:
Lack of intent – If the disruptive noises or diversions were accidental and without intent to disturb calls or privacy, charges may not stick. Interference has to be deliberate or at least knowingly violate privacy rights.
First Amendment – For protestors or activists that intentionally disrupted telecom infrastructure, they can argue it was protected free speech under the First Amendment. However, courts have often limited this defense when serious disruption occurred.
No reasonable expectation of privacy – In some contexts like a workplace or public areas, people may not have a reasonable expectation of call privacy. Interfering there may not violate 720 ILCS 5/16-18.
Unavoidable interference – Incidental signal interference from other electronic devices may be impossible to prevent fully. If reasonable precautions were taken, unavoidable interference incidents may avoid liability.
Lack of evidence – Without solid proof the accused party deliberately and knowingly interfered with telephone communications, charges can potentially fail.
What Are the Penalties for Violations?
As mentioned earlier, violations of the Illinois phone interference law 720 ILCS 5/16-18 can lead to:
- Up to 1 year in jail
- Fines up to $1,000
Much depends on the exact circumstances and severity of the interference, however. Significant intentional sabotage or privacy invasions may get punished more harshly. Minor first offenses often just receive fines or probation.
Judges have quite a bit of leeway on sentencing, but the law establishes 1 year jail time and a $1,000 fine as the maximum penalties.
How Does This Law Relate to Other Communication Interference Laws?
Illinois’ telephone interference law is just one of many state and federal laws prohibiting the disruption of communications. Others include:
- Federal wiretap laws – Prohibit unauthorized interception of phone calls and electronic communications. Broader privacy protections.
- FCC restrictions – The FCC limits signal jamming equipment and sets interference standards for telecom devices. General telecom oversight.
- State harassment laws – Many states prohibit harassment by phone and electronic harassment. Focus more on protecting people rather than technical disruption.
So while 720 ILCS 5/16-18 deals specifically with telephone interference, issues like privacy rights, harassment, wiretaps, and protest disruption have related laws at both federal and state levels. Illinois’ law just handles the telephone communication side more narrowly.
Recent Controversies and Changes Related to This Law
In recent years, a few notable controversies and legal changes have come up related to the Illinois phone interference law:
Cell phone jammer ban – In 2015, Illinois specifically banned anyone from using cell phone signal jammers, closing a previous loophole. FCC already prohibited them but this gave state and local police more direct enforcement power.
Prison cell phone jamming – Illinois prisons have requested cell signal jammers to stop contraband phones being used by inmates. But FCC restrictions have so far blocked approval of that. Ongoing issue.
Blagojevich case wiretaps – Recordings of phone calls were used to convict former Illinois governor Rod Blagojevich on corruption charges. Defense tried (unsuccessfully) to exclude them as privacy right violations. Case highlighted legal complexities around privacy laws.
COVID-19 protest arrests – During 2020 COVID lockdown protests, some arrests occurred in Chicago around suspicion of cell phone signal interference. Showed how disruption of communications can trigger charges.So in recent years, both intentional signal interference and wiretapping/privacy issues have been sources of controversy in Illinois related to this broader area of communication law. The debates continue over balancing privacy rights, public safety, free speech rights, and technological oversight.
What Does the Future Look Like for This Area of Law?
Going forward, we will likely see increased legislative and judicial activity around phone interference issues and communication privacy laws in general. A few key trends driving this include:
- New protest movements frequently target disrupting infrastructure like telecommunications to gain leverage. Laws often struggle to adapt.
- Rapid tech advances make surveillance, hacking, jamming and interference threats greater. Updating laws is a challenge.
- Balancing privacy rights, free speech, public safety, and national security interests in this area leads to legal uncertainties.
- More everyday devices can inadvertently interfere with sensitive communications equipment through incidental signals. Raises complications.
Addressing those new realities while preserving civil liberties will be a complex balancing act. The specifics of laws like Illinois’ 720 ILCS 5/16-18 may come under review to help modernize protections against phone interference and related issues. This legal domain will likely see greater activity aimed at keeping pace with societal and technological shifts in the years ahead.