Monday, July 27, 2015

6th Cir.: No Reasonable Expectation of Privacy in "Pocket-Dial"

Finally, a court weighs in on the all-important issue of privacy expectations in butt-dials! Okay, technically, I think this was a breast-pocket-dial, but that's close enough, right? Here's the Sixth Circuit's opinion in Huff v. Spaw.

The Court likened a pocket-dial to a "person who exposes in-home activities by leaving drapes open or a webcam on." The Court was careful to note that the dialer did not take any available precautions (locking the phone, setting up a passcode, or downloading an anti-butt-dialing app). Ultimately, the dialer did not have a reasonable expectation of privacy in his pocket-dial.

Now, excuse me while I lock my phone with a passcode, close my drapes, and put tape over my webcam.