Paragraph 2(c) provides that it
shall not be unlawful for a party
to
any
wire
or
oral
communication . . . to intercept
such communication. It largely
reflects existing law. Where one
of the parties consents, it is not
unlawful. . . . “[P]arty” would
mean
the
person
actually
participating
in
the
communication. (United States v.
Pasha, 332 F.2d 193 (7th Cir.
1964)).78
We agree with the Sixth Circuit and the Fifth Circuit that,
“[b]y citing Pasha, Congress strongly intimated that one who
impersonates the intended receiver of a communication may
still be a party to that communication for the purposes of the
federal wiretap statute and that such conduct is not proscribed
by the statute.”79 Likewise, we conclude it was by design that
there is no statutory language by which the defendants’
various alleged deceits would vitiate their claims to be parties
78
Clemons v. Waller, 82 Fed. App’x 436, 442 (6th Cir. 2003)
(quoting S. Rep. No. 90-1097, at 93-94 (1968)); see also
United States v. Campagnuolo, 592 F.2d 852, 863 (5th Cir.
1979) (“It is clear from this passage that Congress intended to
reaffirm the result in Pasha and make admissible
communications to which a police officer is a party.”).
79
Clemons, 82 Fed. App’x at 442; accord Campagnuolo, 592
F.2d at 863.
38
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