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Wiretapping in child custody dispute results in civil damage award under federal Wiretap Act

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

A spouse involved in a child custody dispute and her parents were assessed civil damages under the federal Wiretap Act in connection with the recording of conversations via a device hidden in a child's toy

No implied consent under SCA to discovery of e-mails arises from e-mail account holder's fugitive status

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

A parent who is alleged to have unlawfully taken her children to a foreign county did not thereby consent, within the meaning of the Stored Communications Act, to the disclosure of her e-mails pursuant to a civil discovery subpoena directed to her ISP, the district court ruled