Expectation of Privacy

[Christian D. Odhner]

I remember a while back (on this list I think) there was some discussion 
of a case in which it was ruled that the cops in some instance didn't 
need a warrent to intercept (or weren't in violation of ECPA?) a cordless 
phone phone call because the user didn't have the same "expectation of 
privacy" as they would with a normal phone... it seems to me the end 
judgement was that if the equipment you're using is easy enough to listen 
in on, then you can't complain if they do so. Fast-forward a few years to 
when the Digital Telephony Act and clippper chips have been mass 
deployed... does someone talking on a clipper phone over a DTA-compliant 
network have enough of an 'expectation of privacy' to require a warrent 
for intercepts?

Happy Hunting, -Chris.

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