Mar 292011
 March 29, 2011  Posted by  Court, Laws, Surveillance

Gary Juskowiak discusses a court decision reported here last month:

Parents who are concerned about their child’s well being might use hidden electronic monitoring devices such as hidden audio recording devices and nanny cams.  Unfortunately, parents who use these devices may unwittingly violate federal and state law.  In Lewton v. Divingnzzo (PDF), a mother was convicted of violating the Wiretap Act of The Electronic Communications Privacy Act (ECPA) 18 U.S.C. §§ 2510-2522 after she concealed an audio recording device in her daughter’s teddy bear (“Little Bear”) for the purpose of gathering evidence to sabotage the child custody rights of her ex-husband.  Over five months she downloaded the recorded conversations from the audio recording device to her computer, burned CDs of the conversations, and ultimately had transcripts made of the conversations.

Read his analysis of the case and relevant federal law on Berkeley Technology Law Journal.

h/t, @TheCyberLawyer.

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