Title III of the Federal Wiretap Act, as amended, remains the "primary law guarding the privacy of personal communication [among private citizens] in the United States." This piece of legislation will serve as the focal point of this Note. This Note will first discuss the history and context of the statute under which two cases have arisen. It will then survey various Supreme Court cases addressing the tension between the First Amendment and the right to privacy so as to provide the reader with a better understanding of the conflict between these two constitutional rights. Then it will outline and analyze the positions held by the Third and D.C. Circuit Courts of Appeals. Since the Supreme Court has elected to resolve the conflict among the federal circuits, this Note will ultimately attempt to provide a solution that best honors the opposing interests and establishes a uniform rule with respect to the federal government's ability to regulate in this area."
Note, The Constitutional Legitimacy of the Civil Provisions of the Federal Wiretap Act - A Suggestion to the Supreme Court in the Case of Bartnicki v. Vopper, 49 Clev. St. L. Rev. 683 (2001)