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US Court: 'Pocket-Dialed' Calls Are Not Private
itwbennett writes: In a case of a pocket-dialed call, a conscientious secretary, and sensitive personnel issues, a federal appeals court in Ohio has ruled pocket-dialers shouldn't have any expectation of privacy. 'Under the plain-view doctrine, if a homeowner neglects to cover a window with drapes, he would lose his reasonable expectation of privacy with respect to a viewer looking into the window from outside of his property,' the court said. The same applies to pocket-dialed calls, according to the court. If a person doesn't take reasonable steps to keep their call private, their communications are not protected by the Wiretap Act.
Where did you read that he was discriminating against her? The secretary said that she *thought* he might try to discriminate against her boss, which is the reason she gave for listening to the entire 91 minute call (it's more likely she was just being nosey). It didn't say that he had actually said anything discriminatory. He was also with his wife, so I think she might have said something if he all of a sudden said "fuck all bitches, i'm firing that ho".
In any case, I actually agree with the law on this one. If you call someone, even inadvertently, you have no expectation of privacy.
Once again, the headline and summary are misleading. The judgement is not that pocket-dialed calls have no expectation of privacy at all, but rather that if you pocket-dial someone who goes on to overhear you talking talking as a result of the call then it's your fault and not that of the person you called, and thus you have no cause to accuse the person you called of "wiretapping". This is not a case of a judge declaring actual wiretapping to be OK.
Here's the very first paragraph of the fine article:
A federal appeals court in Ohio has ruled that a person who accidentally “pocket dials” someone shouldn’t expect any overheard conversation to be considered private.
Is anything protected by the Wiretap Act anymore?
Yes, the privacy of the police.