Re: Invasion of privacy?

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On 8/14/07, roger wrote:
> I am an instructor at a university in Oklahoma, and I have
> found a baby monitor hidden in the class room placed there
> by another instructor. I shouldn’t say I found it, but a
> couple of my students actually found it. They came to me
> really upset because they thought it was an invasion of
> their privacy. Is there any wrong doing here, legally?

Here is the applicable statute. It is long but the first
couple of sections give you your answer.

18 USCS § 2511. Interception and disclosure of wire, oral,
or electronic communications prohibited

(1) Except as otherwise specifically provided in this
chapter [18 USCS §§ 2510 et seq.] any person who--
(a) intentionally intercepts, endeavors to intercept, or
procures any other person to intercept or endeavor to
intercept, any wire, oral, or electronic communication;
(b) intentionally uses, endeavors to use, or procures any
other person to use or endeavor to use any electronic,
mechanical, or other device to intercept any oral
communication when--
(i) such device is affixed to, or otherwise transmits
a signal through, a wire, cable, or other like connection
used in wire communication; or
(ii) such device transmits communications by radio, or
interferes with the transmission of such communication; or
(iii) such person knows, or has reason to know, that
such device or any component thereof has been sent through
the mail or transported in interstate or foreign commerce; or
(iv) such use or endeavor to use (A) takes place on
the premises of any business or other commercial
establishment the operations of which affect interstate or
foreign commerce; or (B) obtains or is for the purpose of
obtaining information relating to the operations of any
business or other commercial establishment the operations of
which affect interstate or foreign commerce; or
(v) such person acts in the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or possession
of the United States;
(c) intentionally discloses, or endeavors to disclose, to
any other person the contents of any wire, oral, or
electronic communication, knowing or having reason to know
that the information was obtained through the interception
of a wire, oral, or electronic communication in violation of
this subsection;
(d) intentionally uses, or endeavors to use, the contents
of any wire, oral, or electronic communication, knowing or
having reason to know that the information was obtained
through the interception of a wire, oral, or electronic
communication in violation of this subsection; or
(e) (i) intentionally discloses, or endeavors to
disclose, to any other person the contents of any wire,
oral, or electronic communication, intercepted by means
authorized by sections 2511(2)(a)(ii), 2511(2)(b)-(c), 2511
(2)(e), 2516, and 2518 of this chapter [18 USCS §§ 2511(2)(a)
(ii), 2511(2)(b)-(c), 2511(2)(e), 2516, and 2518], (ii)
knowing or having reason to know that the information was
obtained through the interception of such a communication in
connection with a criminal investigation, (iii) having
obtained or received the information in connection with a
criminal investigation, and (iv) with intent to improperly
obstruct, impede, or interfere with a duly authorized
criminal investigation,

shall be punished as provided in subsection (4) or shall be
subject to suit as provided in subsection (5).

(2) (a) (i) It shall not be unlawful under this chapter [18
USCS §§ 2510 et seq.] for an operator of a switchboard, or
an officer, employee, or agent of a provider of wire or
electronic communication service, whose facilities are used
in the transmission of a wire or electronic communication,
to intercept, disclose, or use that communication in the
normal course of his employment while engaged in any
activity which is a necessary incident to the rendition of
his service or to the protection of the rights or property
of the provider of that service, except that a provider of
wire communication service to the public shall not utilize
service observing or random monitoring except for mechanical
or service quality control checks.
(ii) Notwithstanding any other law, providers of wire
or electronic communication service, their officers,
employees, and agents, landlords, custodians, or other
persons, are authorized to provide information, facilities,
or technical assistance to persons authorized by law to
intercept wire, oral, or electronic communications or to
conduct electronic surveillance, as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978 [50
USCS § 1801] if such provider, its officers, employees, or
agents, landlord, custodian, or other specified person, has
been provided with--
(A) a court order directing such assistance signed
by the authorizing judge, or
(B) a certification in writing by a person
specified in section 2518(7) of this title [18 USCS § 2518
(7)] or the Attorney General of the United States that no
warrant or court order is required by law, that all
statutory requirements have been met, and that the specified
assistance is required,
setting forth the period of time during which the
provision of the information, facilities, or technical
assistance is authorized and specifying the information,
facilities, or technical assistance required. No provider of
wire or electronic communication service, officer, employee,
or agent thereof, or landlord, custodian, or other specified
person shall disclose the existence of any interception or
surveillance or the device used to accomplish the
interception or surveillance with respect to which the
person has been furnished an order or certification under
this subparagraph, except as may otherwise be required by
legal process and then only after prior notification to the
Attorney General or to the principal prosecuting attorney of
a State or any political subdivision of a State, as may be
appropriate. Any such disclosure, shall render such person
liable for the civil damages provided for in section 2520
[18 USCS § 2520]. No cause of action shall lie in any court
against any provider of wire or electronic communication
service, its officers, employees, or agents, landlord,
custodian, or other specified person for providing
information, facilities, or assistance in accordance with
the terms of a court order, statutory authorization, or
certification under this chapter [18 USCS §§ 2510 et seq.].
(b) It shall not be unlawful under this chapter [18 USCS
§§ 2510 et seq.] for an officer, employee, or agent of the
Federal Communications Commission, in the normal course of
his employment and in discharge of the monitoring
responsibilities exercised by the Commission in the
enforcement of chapter 5 of title 47 [47 USCS §§ 151 et
seq.] of the United States Code, to intercept a wire or
electronic communication, or oral communication transmitted
by radio, or to disclose or use the information thereby
obtained.
(c) It shall not be unlawful under this chapter [18 USCS
§§ 2510 et seq.] for a person acting under color of law to
intercept a wire, oral, or electronic communication, where
such person is a party to the communication or one of the
parties to the communication has given prior consent to such
interception.
(d) It shall not be unlawful under this chapter [18 USCS
§§ 2510 et seq.] 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.
(e) Notwithstanding any other provision of this title or
section 705 or 706 of the Communications Act of 1934 [47
USCS § 605 or 606], it shall not be unlawful for an officer,
employee, or agent of the United States in the normal course
of his official duty to conduct electronic surveillance, as
defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978 [50 USCS § 1801], as authorized by
that Act [50 USCS §§ 1801 et seq.].
(f) Nothing contained in this chapter or chapter 121 or
206 of this title [18 USCS §§ 2510 et seq., or 2701 et seq.,
or 3121 et seq.], or section 705 of the Communications Act
of 1934 [47 USCS § 605], shall be deemed to affect the
acquisition by the United States Government of foreign
intelligence information from international or foreign
communications, or foreign intelligence activities conducted
in accordance with otherwise applicable Federal law
involving a foreign electronic communications system,
utilizing a means other than electronic surveillance as
defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978 [50 USCS § 1801], and procedures in
this chapter or chapter 121 or 206 of this title [18 USCS §§
2510 et seq., or 2701 et seq., or 3121 et seq.] and the
Foreign Intelligence Surveillance Act of 1978 [50 USCS §§
1801 et seq.] shall be the exclusive means by which
electronic surveillance, as defined in section 101 of such
Act [50 USCS § 1801], and the interception of domestic wire,
oral, and electronic communications may be conducted.
(g) It shall not be unlawful under this chapter [18 USCS
§§ 2510 et seq.] or chapter 121 of this title [18 USCS §§
2701 et seq.] for any person--
(i) to intercept or access an electronic communication
made through an electronic communication system that is
configured so that such electronic communication is readily
accessible to the general public;
(ii) to intercept any radio communication which is
transmitted--
(I) by any station for the use of the general
public, or that relates to ships, aircraft, vehicles, or
persons in distress;
(II) by any governmental, law enforcement, civil
defense, private land mobile, or public safety
communications system, including police and fire, readily
accessible to the general public;
(III) by a station operating on an authorized
frequency within the bands allocated to the amateur,
citizens band, or general mobile radio services; or
(IV) by any marine or aeronautical communications
system;
(iii) to engage in any conduct which--
(I) is prohibited by section 633 of the
Communications Act of 1934 [47 USCS § 553]; or
(II) is excepted from the application of section 705
(a) of the Communications Act of 1934 [47 USCS § 605(a)] by
section 705(b) of that Act [47 USCS § 605(b)];
(iv) to intercept any wire or electronic communication
the transmission of which is causing harmful interference to
any lawfully operating station or consumer electronic
equipment, to the extent necessary to identify the source of
such interference; or
(v) for other users of the same frequency to intercept
any radio communication made through a system that utilizes
frequencies monitored by individuals engaged in the
provision or the use of such system, if such communication
is not scrambled or encrypted.
(h) It shall not be unlawful under this chapter [18 USCS
§§ 2510 et seq.]--
(i) to use a pen register or a trap and trace device
(as those terms are defined for the purposes of chapter 206
(relating to pen registers and trap and trace devices) of
this title) [18 USCS §§ 3121 et seq.]; or
(ii) for a provider of electronic communication
service to record the fact that a wire or electronic
communication was initiated or completed in order to protect
such provider, another provider furnishing service toward
the completion of the wire or electronic communication, or a
user of that service, from fraudulent, unlawful or abusive
use of such service.
(i) It shall not be unlawful under this chapter [18 USCS
§§ 2510 et seq.] for a person acting under color of law to
intercept the wire or electronic communications of a
computer trespasser transmitted to, through, or from the
protected computer, if--
(I) the owner or operator of the protected computer
authorizes the interception of the computer trespasser's
communications on the protected computer;
(II) the person acting under color of law is lawfully
engaged in an investigation;
(III) the person acting under color of law has
reasonable grounds to believe that the contents of the
computer trespasser's communications will be relevant to the
investigation; and
(IV) such interception does not acquire communications
other than those transmitted to or from the computer
trespasser.

(3)
(a) Except as provided in paragraph (b) of this
subection, a person or entity providing an electronic
communication service to the public shall not intentionally
divulge the contents of any communication (other than one to
such person or entity, or an agent thereof) while in
transmission on that service to any person or entity other
than an addressee or intended recipient of such
communication or an agent of such addressee or intended
recipient.
(b) A person or entity providing electronic communication
service to the public may divulge the contents of any such
communication--
(i) as otherwise authorized in section 2511(2)(a) or
2517 of this title [18 USCS § 2511(2)(a) or 2517];
(ii) with the lawful consent of the originator or any
addressee or intended recipient of such communication;
(iii) to a person employed or authorized, or whose
facilities are used, to forward such communication to its
destination; or
(iv) which were inadvertently obtained by the service
provider and which appear to pertain to the commission of a
crime, if such divulgence is made to a law enforcement
agency.

(4)
(a) Except as provided in paragraph (b) of this
subsection or in subsection (5), whoever violates subsection
(1) of this section shall be fined under this title or
imprisoned not more than five years, or both.
(b) Conduct otherwise an offense under this subsection
that consists of or relates to the interception of a
satellite transmission that is not encrypted or scrambled
and that is transmitted--
(i) to a broadcasting station for purposes of
retransmission to the general public; or
(ii) as an audio subcarrier intended for
redistribution to facilities open to the public, but not
including data transmissions or telephone calls,
is not an offense under this subsection unless the
conduct is for the purposes of direct or indirect commercial
advantage or private financial gain.
(c) [Redesignated]

(5)
(a) (i) If the communication is--
(A) a private satellite video communication that is
not scrambled or encrypted and the conduct in violation of
this chapter [18 USCS §§ 2510 et seq.] is the private
viewing of that communication and is not for a tortious or
illegal purpose or for purposes of direct or indirect
commercial advantage or private commercial gain; or
(B) a radio communication that is transmitted on
frequencies allocated under subpart D of part 74 of the
rules of the Federal Communications Commission that is not
scrambled or encrypted and the conduct in violation of this
chapter [18 USCS §§ 2510 et seq.] is not for a tortious or
illegal purpose or for purposes of direct or indirect
commercial advantage or private commercial gain,
then the person who engages in such conduct shall be
subject to suit by the Federal Government in a court of
competent jurisdiction.
(ii) In an action under this subsection--
(A) if the violation of this chapter [18 USCS §§
2510 et seq.] is a first offense for the person under
paragraph (a) of subsection (4) and such person has not been
found liable in a civil action under section 2520 of this
title [18 USCS § 2520], the Federal Government shall be
entitled to appropriate injunctive relief; and
(B) if the violation of this chapter [18 USCS §§
2510 et seq.] is a second or subsequent offense under
paragraph (a) of subsection (4) or such person has been
found liable in any prior civil action under section 2520
[18 USCS § 2520], the person shall be subject to a mandatory
$ 500 civil fine.
(b) The court may use any means within its authority to
enforce an injunction issued under paragraph (ii)(A), and
shall impose a civil fine of not less than $ 500 for each
violation of such an injunction.