When a cellular phone conversation is intercepted and taped, and the tape is then anonymously given to someone who turns it over to a radio station to be broadcast, the callers cannot sue the radio station or the supplier of the tape under federal or state wiretap laws since they played no role in the illegal interception, a divided panel of the 3rd U.S. Circuit Court of Appeals has ruled.
But a dissenting judge said he believed the wiretap laws should apply to those who distribute or broadcast such a tape if they had “reason to know” that the conversation was illegally recorded.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]