Finally, the plaintiffs argue that § 2511(2)(d) should not apply because the defendants’ acquisition of the communications at issue was tortious under California law. The basis for this argument is that § 2511(2)(d) is inapplicable when the communication at issue is “intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.” But the plaintiffs point to no legal authority providing that the exception to § 2511(2)(d) is triggered when, as here, the tortious conduct is the alleged wiretapping itself. By contrast, all authority of which we are aware indicates that the criminal or tortious acts contemplated by § 2511(2)(d) are acts secondary to the acquisition of the communication involving tortious or criminal use of the interception’s fruits.81 81 See Caro v. Weintraub, 618 F.3d 94, 98, 100 (2d Cir. 2010) (“[T]he defendant must have the intent to use the illicit recording to commit a tort or crime beyond the act of recording itself. . . . Intent may not be inferred simply by demonstrating that the intentional act of recording itself constituted a tort. A simultaneous tort arising from the act of recording itself is insufficient.”); Sussman v. Am. Broad. Companies, Inc., 186 F.3d 1200, 1202-03 (9th Cir. 1999) (“Under section 2511, the focus is not upon whether the interception itself violated another law; it is upon whether the purpose for the interception—its intended use—was criminal or tortious. . . . Where the purpose is not illegal or tortious, but the means are, the victims must seek redress elsewhere.”); Desnick, 44 F.3d at 1353 (“[T]here is no suggestion that the defendants sent the testers into the Wisconsin and Illinois offices for the purpose of defaming the plaintiffs by charging tampering with the glare machine.”). 40