⁍ A federal appeals court on Tuesday ruled that every individual interception of an attorney-client phone call counts as separate violation of federal and Nevada wiretap laws.


⁍ The two-year statute of limitations under the laws is ‘triggered anew’ for each recorded call, the 9th U.S. Circuit Court of Appeals said in an opinion partially affirming and reversing a Nevada district court ruling.


⁍ That means CoreCivic can win summary judgment only for calls the plaintiff, criminal defense attorney Kathleen Bliss, had a ‘reasonable opportunity’ to discover were recorded more than two years before she filed her lawsuit in July 2018.


– The 9th US Circuit Court of Appeals ruled Tuesday that private prison operator CoreCivic Inc. broke the law when it intercepted every single phone call made by an attorney for one of its clients, Westlaw Today reports. According to the Los Angeles Times, criminal defense attorney Kathleen Bliss sued CoreCivic in 2018 after it started secretly recording her phone calls with her client, Corrections Corporation of America, which operates prisons in the US and is owned by Corrections Corp. of America. Bliss says she was never informed the calls were being recorded and was never given a chance to contest the legality of CoreCivic’s wiretaps. On Tuesday, the 9th Circuit Court of Appeals partially affirmed and reversed a Nevada district court ruling, ruling that the two-year statute of limitations under federal and Nevada wiretap laws has been “triggered anew” for every single call made by CoreCivic. That means CoreCivic can’t win summary judgment only for calls the plaintiff had a “reasonable opportunity” to discover were recorded more than two years before she filed her lawsuit in July 2018.



Source: https://www.reuters.com/article/dataprivacy-recordedcalls/9th-circ-hands-prison-company-a-mixed-win-in-attorney-client-wiretap-case-idUSL1N2HI39L