[LibertarianInExile]

ECPA has this exclusion:

It shall not be unlawful under this chapter for a person
not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.

Seems like it'd be an out...

[HAL9000]

where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception

We just don't know. The Washington Post didn't say.

A crime may or may not have been committed.