Exact(4)
As a practical matter, it would foreclose any meaningful judicial review of the warrantless wiretapping statute, perhaps permanently.
There have been many other instances in which a officers cite the state's wiretapping statute while arresting a bystander for recording video or audio.
People who install these apps onto their spouse's phone are typically in violation of three laws: the federal wiretapping statute, the Computer Fraud and Abuse act, and the federal stalking statute.
A federal appellate court in Gericke vs. Begin considered the situation of a New Hampshire woman, Carla Gericke, who was arrested and initially charged with violating the Granite State's wiretapping statute after she attempted to film (her video camera ultimately failed to work) a late-night traffic stop of a friend in the town of Weare.
Similar(4)
Privacy laws and wiretapping statutes are of little guidance, because they have not kept pace with the lightning speed of technological progress.
Some of Mr. Swartz's defenders argue that collecting and providing evidence to the government without a warrant may have violated federal and state wiretapping statutes.
In the past, cop-watchers have been charged under wiretapping statutes for filming arrests; one man, Simon Gilk of Boston, sued the police after such an arrest and, with the help of the ACLU, got the First Circuit Appeals Court to affirm the right to record the cops.
But as the dissenting judge on the appellate panel noted, his two colleagues interpreted the wiretap statute far too narrowly.
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Justyna Jupowicz-Kozak
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