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U.S. court says 'pocket-dialed' calls are not private
PC World ^ | 7/22/15 | James Niccolai

Posted on 07/22/2015 5:00:45 PM PDT by markomalley

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.

The case involves the chairman of the Airport Board in Kenton, Kentucky, which oversees the Cincinnati/Northern Kentucky International Airport. The chairman, James Huff, was on a business trip in Italy with his wife and a colleague when he accidentally pocket-dialed the secretary of the airport’s CEO back in the U.S.

The secretary, Carol Spaw, said “hello” a few times and soon figured out the call wasn’t meant for her. But she overheard Huff and his colleague talking about personnel matters, including the possibility that the airport’s CEO—Spaw’s boss—might be replaced. The inadvertent call continued after Huff got back to his hotel room with his wife.

The call lasted 91 minutes and Spaw stayed on the line the entire time, court records show. Spaw claims that she thought Huff was discussing a plan to illegally discriminate against the CEO, a woman. She says she felt obliged to record the call and report it.

Spaw took handwritten notes for most of the call, but managed to record the last four minutes after a colleague brought her an iPhone. By that time, Huff was back in his hotel room, where he discussed personal matters with his wife Bertha but also shared some details of the personnel discussion from earlier.

Huff and his wife sued Spaw, alleging she had breached their privacy by violating a law often called the Wiretap Act, which prohibits interception of “wire, oral or electronic communications.”

(Excerpt) Read more at pcworld.com ...


TOPICS: Computers/Internet
KEYWORDS:

1 posted on 07/22/2015 5:00:45 PM PDT by markomalley
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To: markomalley

Pocket dialed...so that’s what they call it these days


2 posted on 07/22/2015 5:03:08 PM PDT by Professional Engineer (You all can go to hell, I'm going to Texas.)
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To: markomalley

This is the picture of the deranged psycho girlfriend. Would hate to get face to face with her.


3 posted on 07/22/2015 5:04:30 PM PDT by Dilbert San Diego
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To: markomalley

I’ll try to remember not to hire this Spaw woman as a secretary. Or as anything else.


4 posted on 07/22/2015 5:08:29 PM PDT by ClearCase_guy (Henry Bowman where are you?)
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To: Professional Engineer
Pocket dialed...so that’s what they call it these days

Most people I know call it 'butt-dialing'.

5 posted on 07/22/2015 5:09:07 PM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: Professional Engineer

My phone does it. It’s locked. UNLESS the keys or something else hits 9 or # ... it has dialed 911 3 times in the year I have had it. And a few friends. I often keep it in my back-pocket anymore while I’m walking somewhere. Unless it’s winter and I can put it in my leather jacket.

If it hits that 9, it’s off to the races if something is pressing on the 1. Argh.

I like a real keyboard (it’s not the best one) but it’s cheap.

http://pisces.bbystatic.com/image2/BestBuy_US/images/products/5654/5654178_sa.jpg;canvasHeight=150;canvasWidth=125


6 posted on 07/22/2015 5:11:52 PM PDT by SaveFerris (Be a blessing to a stranger today for some have entertained angels unaware)
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To: markomalley

That wasn’t my pocket, Honey.

How do you feel about that now?

;)


7 posted on 07/22/2015 5:15:33 PM PDT by RedMDer (Support Free Republic and Keep freedom ALIVE!)
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8 posted on 07/22/2015 5:15:51 PM PDT by RedMDer (Support Free Republic and Keep freedom ALIVE!)
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To: RedMDer
That wasn’t my pocket, Honey

"Private" calls not private, court rules.

9 posted on 07/22/2015 5:19:56 PM PDT by FredZarguna (Now, which is bigger, Pluto or Goofy?)
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To: FredZarguna

Courts will rule in whichever way benefits Big Government. There is no other criteria.


10 posted on 07/22/2015 5:27:23 PM PDT by ClearCase_guy (Henry Bowman where are you?)
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To: markomalley

Or in this case, listening...

11 posted on 07/22/2015 5:27:49 PM PDT by FredZarguna (Now, which is bigger, Pluto or Goofy?)
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To: FredZarguna

:)


12 posted on 07/22/2015 5:29:28 PM PDT by RedMDer (Support Free Republic and Keep freedom ALIVE!)
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To: markomalley

If they are truly “ pocket dialed”. The NSA can turn your phone on remotely and dial a number.


13 posted on 07/22/2015 5:40:04 PM PDT by The Sons of Liberty ("Deliver us from evil ....")
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To: SaveFerris


14 posted on 07/22/2015 5:51:57 PM PDT by JoeProBono (SOME IMAGES MAY BE DISTURBING VIEWER DISCRETION IS ADVISED;-{)
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To: JoeProBono; Gamecock; Larry Lucido; KC_Lion; FredZarguna

Is it European?


15 posted on 07/22/2015 6:01:33 PM PDT by SaveFerris (Be a blessing to a stranger today for some have entertained angels unaware)
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To: markomalley
"his wife (Big) Bertha" Big Bertha photo: big bertha bigb.jpg was being serviced by nine Germans.
16 posted on 07/22/2015 6:13:02 PM PDT by tumblindice (America's founding fathers: all armed conservatives.)
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To: Dilbert San Diego
This is the picture of the deranged psycho girlfriend. Would hate to get face to face with her.

She's actually funny in a quirky way (and it's an act).

Will You Be My Valentine?

17 posted on 07/22/2015 8:48:49 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: markomalley
I was BCCed by mistake on a very confidential email.

I deleted it when I realized it was not for me and contacted the sender.

And then I started getting the responses.

I then made a decision about my client based on the information in the emails. And on the fact that they could not seem to figure out how to continue the conversation without including me.

18 posted on 07/22/2015 8:56:56 PM PDT by Harmless Teddy Bear (Proud Infidel, Gun Nut, Religious Fanatic and Freedom Fiend)
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To: Harmless Teddy Bear
For whatever it's worth, all things considered, I see this as the proper call (no pun intended.)

If a phone owner can't be bothered to learn how to prevent butt calls, the responsibility is with the dummy.

19 posted on 07/22/2015 9:10:31 PM PDT by publius911 (If you like Obamacare, You'll LOVE ObamaWeb.)
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To: UCANSEE2

Many in 911 circles that receive these calls also call it ‘butt-dialing.’


20 posted on 07/22/2015 9:25:06 PM PDT by QT3.14 (California DMV: Department of Mexican Voting)
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