Tuesday, March 23, 2004

More on the eavesdropping case

An alert reader sent me a link to this article which says the basis for federal jurisdiction in the Republican eavesdropping case is a federal wiretapping statute.

Perhaps then the statute is 18 U.S.C. 2520. I wonder where the requirement of actual damages in that case works the same way as in that Privacy Act case, the Joe Wolfe case, where the Supreme Court construed proof of some actual damages as a prerequisite to the minimum statutory damages amount of $1,000. I'd say the statutes are quite similar, and so I wonder, what are the actual damages in this case? I bet there are none, which means this case could go the same way as Joe Wolfe's case.

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