Privacy Law Library

Agent Billy Clardy III Act (state wiretap law)

Clardy Act

Communications · Government records

Alabama's state wiretap statute lets the Attorney General seek court orders to intercept wire and electronic communications in felony drug investigations and bars anyone other than ALEA from owning interception devices. It creates a civil cause of action against any person who unlawfully intercepts, discloses, or uses a communication, with exceptions for carrier operations and for a party to the communication or one who has a party's prior consent (unless the purpose is criminal, tortious, or injurious). A 2025 amendment made the program permanent and broadened who can be sued.

Where
Alabama
Citation
Ala. Code §§ 20-2B-1 to 20-2B-12 (Act 2022-236, HB17; amended Act 2025-447, HB137)
Status
In force
In force since
2023-02-01
Last amended
2025-06-01
Enforced by
Circuit courts (intercept orders); Attorney General and district attorneys (criminal penalties); aggrieved individuals (civil suits)
People can sue
Yes
Penalties
An individual whose communication is unlawfully intercepted, disclosed, or used may recover actual damages, punitive damages, and attorney fees and costs. Good-faith reliance on a court order is a complete defense. The act also provides criminal penalties for unauthorized disclosures.
Applies to
  • Any person (individual or business) that intercepts, discloses, or uses a wire or electronic communication in violation of the chapter
  • Communication common carriers and communications service providers directed by an intercept order to furnish information, facilities, and technical assistance
  • The Alabama State Law Enforcement Agency, the Attorney General, and investigative officers who conduct court-ordered intercepts for felony drug investigations

Rights it gives people

  • Individuals whose communications are unlawfully intercepted, disclosed, or used may sue the person responsible for actual and punitive damages and attorney fees.Ala. Code § 20-2B-12(a)

Practices it requires

  • No individual or agency other than ALEA may own or possess a device primarily designed or used for nonconsensual interception of wire or electronic communications.Ala. Code § 20-2B-2(a)
  • A party to a communication, or someone with a party's prior consent, may intercept it unless the purpose is to commit a criminal, tortious, or other injurious act.Ala. Code § 20-2B-12(b)(5)

Other duties

  • Carriers and communications service providers must furnish information, facilities, and technical assistance when an intercept order so directs.Ala. Code § 20-2B-5 · Only if: Served with an intercept order

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective dates (Act 2022-236 effective February 1, 2023; Act 2025-447 effective June 1, 2025) and the repeal of the sunset clause (former § 20-2B-16) come from ALISON bill records and act summaries. | The ALISON heading of § 20-2B-5 still shows a stale '[Repealed February 1, 2026 Unless Extended]' note; the Act 2025-447 summary says the sunset section was repealed. | Criminal penalty provisions of the chapter were not reviewed section by section.

Research reference, not legal advice.