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Proposed bill would make it legal to eavesdrop on your kids' technology

Posted at 7:04 AM, Aug 23, 2017
and last updated 2017-08-24 08:39:12-04

If you’re a parent listening in on your child’s phone conversations, it could land you in jail!

It may sound wild, but State Rep. Pete Lucido told 7 Action News it’s true — it’s the reason he introduced House Bill 4891 last week. Lucido is hoping the bill will go to committee in the coming weeks, and is hopeful it could become a law within the year.

The bill closes a loophole that makes it illegal for parents to listen in on their children’s phone calls. It’s written to update antiquated language that would also allow parents to monitor WiFi or other computer-related apps used for communication.

“This is craziness,” said Rep. Lucido. “This whole world has come full-circle with the internet and everything kids are exposed to.”

Lucido said that if he’s paying for a cell phone, the landline bill, or the internet he ought to have a right to monitor that.

“I have every right to monitor everything my child is doing,” he said, pointing out that eavesdropping could allow a parent to step in when a child is about to make a bad life decision. “I can stop the risk of harm and/or property damage to a third party.”

He noted that parents are legally fine if they check their child’s cell phone to see who they’re calling or texting, and questioned why listening in should be any different.

Currently in Michigan it’s legal to record a conversation over-the-phone if both parties are aware of it — however, it’s illegal for the third party to listen, or record, that conversation.

The issue arose when Lucido became aware of a recent case involving two parents and a teenager. In that case a father was charged after listening in on a conversation involving his son, and his wife.

Lucido noted that the potential law would be most helpful when paying attention to who a child is talking to, specifically if they’re talking to other children about committing a crime or communicating with adults who they shouldn’t be in contact with.