Re: Legal Question about privacy

[Jack Cleaver <jackc () ntlworld com>]

Valdis.Kletnieks () vt edu wrote:

> On Wed, 23 Jul 2003 22:58:12 EDT, dave kleiman said:
>
> > Does a thief who broke into your house have an "expectation of privacy"?
>
>
> The problem isn't the thief, the problem is the person that the thief is
> hypothetically talking to on the phone almost certainly has an expectation of
> privacy - they're sitting in their own living room, secure in the knowledge
> that they're in a 2-party state (meaning local law requires both parties to
> consent to recording a phone conversation), and they didn't consent to any
> recording.

Doesn't that mean that the third party has cause for action against *the
hacker* for failing to tell them that the conversation is passing over
an unencrypted radio link?

--
Jack.