Question

1. Tick Tracey works for the FBI and wants to spy on Bruce Wayne, who he believes is negotiating a deal with Shultz, a well-known Russian oligarch, that would harm national security. What steps must Tick Tracey take to begin listening in on Bruce’s conversations?
2. Define SLAPP
3. What was the court holding in Elonis vs. US?
4. What are the warrant exceptions to the Wiretap Act?
5. What are the requirements for the 4th Amendment reasonable expectation of privacy test?
6. What are the elements of the tort of public disclosure of private facts?
7. Define data breach.
8. What are the elements of the tort of intrusion?

Answer 1

Tick Tracey works for the FBI and wants to spy on Bruce Wayne, who he believes is negotiating a deal with Shultz, a well-known Russian oligarch, that would harm national security. What steps must Tick Tracey take to begin listening in on Bruce’s conversations?

• Get a warrant
• If need, get consent from other party

Define SLAPP

• · A type of defamation lawsuit whose main objective is to silence speech through intimidation.

What was the court holding in Elonis vs. US?

• · For criminal purposes – it’s the speaker’s intention. in tort law, can be liable

What are the warrant exceptions to the Wiretap Act?

• · 1 party to the conversation consents (some states still req both parties)
• · Businesses may monitor conversations with their customers provided they give notice
• · Speaker with a reasonable expectation of privacy

What are the requirements for the 4th Amendment reasonable expectation of privacy test?

• · Person had an actual, subjective expectation of privacy, for example in a restroom, in personal emails, in a desk draw
• · Society accepts the person’s expectation as reasonable. everyone agrees a bathroom stall should be private. where the debate comes in is other areas that may be fact sensitive on a case by case basis. examples, police officer exceeds his monthly text quota. the department reviews and finds majority are sexts with his mistress and discipline the officer. he files suit alleging a violation of his 4th amendment rights.

What are the elements of the tort of public disclosure of private facts?

• · Defendant made public disclosure of secret info to several people
• · Disclosed info had been private
• · Info not of legitimate concern to the public
• · The disclosure is highly offensive to a reasonable person

Define data breach.

• A cyberattack by thieves steal sensitive data electronically

What are the elements of the tort of intrusion?

• · The defendant intentionally intrudes, physically or otherwise
• · On the solitude or seclusion of another or on his/her private affairs or concerns
• · In a manner that would be highly offensive to a reasonable person