Who is defined as an eavesdropper?

An eavesdropper is defined as an individual who operates or participates in electronic eavesdropping (ED) activities. This definition encompasses anyone engaged in the act of secretly listening to or recording conversations without the consent of those involved. In the context of security and privacy laws, this action is often subject to legal scrutiny, as it can infringe on individuals’ rights to privacy.

The distinction here is crucial. While an accomplice may assist in committing a crime, they are not necessarily the ones directly involved in the technical operation of eavesdropping devices. A client does not inherently fit this definition, as they are usually the ones hiring services rather than participating in the act of eavesdropping itself. Thus, the correct identification of an eavesdropper as someone who actively participates in electronic eavesdropping aligns with the legal and operational understanding of the term.