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The Constitutional Legitimacy Of The Civil Provisions Of The Federal Wiretap Act - A Suggestion To The Supreme Court In The Case Of Bartnicki V. Vopper, Jess Gamiere
Cleveland State Law Review
Title III of the Federal Wiretap Act, as amended, remains the "primary law guarding the privacy of personal communication [among private citizens] in the United States." This piece of legislation will serve as the focal point of this Note. This Note will first discuss the history and context of the statute under which two cases have arisen. It will then survey various Supreme Court cases addressing the tension between the First Amendment and the right to privacy so as to provide the reader with a better understanding of the conflict between these two constitutional rights. Then it will outline and …
The Communications Assistance For Law Enforcement Act And Protection Of Cordless Telephone Communications: The Use Of Technology As A Guide To Privacy, Basil W. Mangano
The Communications Assistance For Law Enforcement Act And Protection Of Cordless Telephone Communications: The Use Of Technology As A Guide To Privacy, Basil W. Mangano
Cleveland State Law Review
While it is now illegal to intentionally intercept cordless telephone conversations, cordless telephone users have not always been protected. Prior to October 1994 the Federal Wiretap Act did not protect cordless telephone users from private persons or law enforcement agencies who intentionally intercepted their conversations. In fact, the Electronic Communications Privacy Act of 1986 (ECPA) amended Title III of the of the Omnibus Crime Control and Safe Streets Act of 1968 to expressly exclude cordless telephone transmissions from the definition of "wire" and "electronic" communications. With the advent of new cordless technology and the ubiquitousness of the cordless telephone, Congress …