The Sixth Circuit Court of Appeals has ruled that if you accidentally call someone and don't take reasonable steps to prevent it, you don’t have an expectation of privacy if that person listens in.
Kentucky executive James Huff accidentally called his assistant for over 90 minutes—and she listened in on an in-person conversation he was having. In this case, the court specifically found that Huff could not sue the assistant for violating a federal wiretap law. This was largely because Huff was aware of steps that he could have taken to prevent a pocket dial, such as locking the phone.
"James Huff did not employ any of these measures," the court concluded earlier this week. "He is no different from the person who exposes in-home activities by leaving drapes open or a webcam on and therefore has not exhibited an expectation of privacy."
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