[Download] "Doe v. Smith" by United States Court of Appeals for the District of Columbia Circuit. # eBook PDF Kindle ePub Free
eBook details
- Title: Doe v. Smith
- Author : United States Court of Appeals for the District of Columbia Circuit.
- Release Date : January 21, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
When she was 16, Jane Doe (not her real name) engaged in consensual sexual relations with Jason Smith, who was a year older. Smith had set up a hidden video camera and recorded the two in bed. After the couple stopped dating, Smith circulated the tape at their high school. At oral argument Does counsel maintained that Smith distributed copies by email and that at least one of the recipients posted the data on the Internet. Doe filed this suit seeking compensation for the injury caused by this invasion of her privacy. Doe and Smith are citizens of Illinois, so the litigation is in federal court only because one of her claims is that the video recording is an unauthorized interception and its disclosure forbidden by the federal wiretapping statute, 18 U.S.C. §Â§ 2510-22. Section 2520 creates a private right of action for damages. Yet the district court dismissed the suit under Fed. R. Civ. P. 12(b)(6), ruling that Does complaint is defective because it does not allege in so many words that the recording was an "interception" within the meaning of §2510(4).
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