email address ...
they do list this:
Texas Penal Code � 16.02: So long as a wire, oral or electronic
communication � including the radio portion of any cordless telephone
call � is not recorded for a criminal or tortious purpose, anyone who is
a party to the communication, or who has the consent of a party, can
lawfully record the communication and disclose its contents.
Under the statute, consent is not required for the taping of a
non-electronic communication uttered by a person who does not have a
reasonable expectation of privacy in that communication. See definition
of "oral communication," Texas Code Crim. Pro. Art. 18.20.
Unlawful recording of a conversation, or disclosure of its contents with
reason to know of the illegal interception, is a felony punishable by
two to 20 years in prison and a fine not to exceed $10,000. Texas Penal
Code � 12.33. A civil cause of action is expressly authorized for
unlawful interception or disclosure. Texas Civ. Prac. & Rem. Code �
123.002. The plaintiff may be entitled to $10,000 for each occurrence,
actual damages in excess of $10,000, punitive damages and attorney fees
and costs. Texas Civ. Prac. & Rem. Code � 123.004.
The U.S. Court of Appeals in New Orleans (5th Cir.) held in 2000 that a
television station and reporter who had been given illegally obtained
tapes of telephone conversations, but who had not participated in the
illegal recording, could nonetheless be held civilly liable under the
federal and Texas wiretapping statutes. Peavy v. WFAA-TV, Inc., 221 F.3d
158 (5th Cir. 2000). The case was appealed to the U.S. Supreme Court
along with two other cases raising similar issues. The Supreme Court
refused to hear the Texas case but decided in one of the other cases,
Bartnicki v. Vopper, that media defendants could not be held liable for
publishing information of public concern that was obtained unlawfully by
a source where the media were blameless in the illegal interception.
Following the Bartnicki decision, the parties in the Peavy case settled
out of court.
Cheers,
Erika
P.S. Great link Ben
-----Original Message-----
From: brob [mailto:[EMAIL PROTECTED]
Sent: Tuesday, October 07, 2003 11:57 AM
To: CF-Community
Subject: Re: BLAH!
yeah it's serious. I told my bro that he can't use it in court so i
dunno how he is going to work things out. Right now I think he is
getting in touch with the other guy and letting him know what the deal
is. Turns out, dude's a married man
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