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The U.S. Court of Appeals for the Sixth Circuit in Kentucky ruled this week that a person who dials another party by sitting on his cell-phone doesn’t have a reasonable expectation of privacy if he is overheard.
In what is presumed the first “butt dial” ruling in a federal court, Judge Danny J. Boggs found that what you say over your cell phone is equivalent to standing naked in front of your bedroom window and expecting passersby not to sneak a peek:
This case requires us to consider whether a person who listens to and subsequently electronically records a conversation from an inadvertent ‘pocket-dial’ call violates Title III of the Omnibus Crime Control and Safe Street Act of 1968,” wrote Boggs, after hearing the case of Huff v. Spaw in the U.S. Court of Appeals in the Eastern District of Kentucky.