Bad News- You’re Not Entitled to Privacy When You Make a “butt call”!

24 July 2015 Internet, IT & e-Discovery Blog Blog
Authors: Peter Vogel

A court ruled that there is no privacy to people who make “butt calls” and particularly when the party making the “butt call” admitted “that he was aware of the risk of making inadvertent pocket-dial calls and had previously made such calls on his cellphone.” On July 21, 2015 the US 6th Circuit Court of Appeals considered in the case of Huff v. Spaw :

…whether a person who listens to and subsequently electronically records a conversation from an inadvertent “pocket-dial” call violates Title III of the Omnibus Crime Control and Safe Street Act of 1968, 18 U.S.C. § 2510 et seq. (Title III).

The Court of Appeals affirmed the trial court which granted:

….summary judgment for Spaw on the ground that, because James Huff placed the pocket-dial call, the Huffs lacked a reasonable expectation that their conversations would not be intercepted, which is a prerequisite for protection under Title III.

Be careful what you say since everyone makes “butt calls” from time to time, because you will have no privacy.

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