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11th Circuit Court of Appeals Overturns Spousal Wiretapping Exception

The 11th Circuit Court of Appeals has overturned a "spousal" exception to the federal wiretapping laws. In Glazner v. Glazner, a man filed for divorce from his wife, and then placed a wiretap on her phone. When the wife discovered the wiretap, she sued, but both the trial court and an initial panel of the appeals court ruled that there was a spousal exemption to the wiretapping laws that exempted the husband from the law. On an appeal to an en banc panel of the 11th Circuit, the court overturned the spousal exemption, and found that the husband violated the federal wiretapping laws.

Glazner v. Glazner (PDF), No. 02-11799 (11th Cir. Oct. 16, 2003).