James Huff was the chairman of the Kenton County Airport Board, which manages the Cincinnati/Northern Kentucky International Airport (CVG). While at a conference in Italy with his wife Bertha and a colleague named Larry Savage, Huff used his iPhone to call Carol Spaw for help with dinner reservations. Spaw, who was the executive assistant to CVG’s CEO, did not answer, so Huff hung up and put his iPhone in his jacket pocket.

Later, Huff and Savage retreated to an outdoor hotel balcony to discuss CVG personnel matters, including the possible firing of the CEO. During this conversation, Huff’s iPhone inadvertently placed a call to (“pocket-dialed”) Spaw’s office phone. When Spaw answered she quickly realized that the call was unintentional but continued to listen in anyway.

Concerned that the men were plotting against her boss, Spaw put her office phone on speaker mode and used an iPhone to record Huff’s call. For one hour and thirty-one minutes, Spaw listened, recorded, and transcribed. Her iPhone first captured Huff’s discussion with Savage and, later, his personal conversations with Bertha in their hotel room. 

Spaw typed up her notes, hired a company to improve the quality of the iPhone reco0rding, and shared the resulting information with other Board members.

Huff sued Spaw under the federal Wiretap Act, alleging that she violated his privacy when she intentionally intercepted and disclosed his confidential communications. The district court entered summary judgment for Shaw, reasoning that Huff did not have a reasonable expectation of privacy in his pocket-dialed call, and therefore the Wiretap Act did not apply. Huff appealed.

Questions:

1. Did Huff have a reasonable expectation of privacy in his pocket-dialed conversation?

2. Do you think Spaw’s interception of the call was intentional?