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A Bit on Pentagon Contractor's Wiretapping Claim Over Hidden Date Recording by O'Keefe Media Group
['Eugene Volokh', 'Charles Oliver', 'Matthew Petti', "Meagan O'Rourke", 'Elizabeth Nolan Brown']
Reason.com
Under both statutes, it is unlawful to "intentionally intercept[], endeavor[] to intercept, or procure[] any other person to intercept or endeavor to intercept any wire or oral communication."
An "oral communication" is "any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation."
Defendants advanced the same arguments before the court in Democracy Partners v. Project Veritas Action Fund (Democracy Partners II) (D.D.C.
The court denies Defendants' motions to dismiss on this issue but will not decide it now.
Permitting the wiretapping claims to proceed will not enlarge the scope of discovery, given that all claims rely on the same allegations.