FightBigLaw - Kirkland & Ellis

In 1986, the U.S. Congress enacted the Electronic Communications Privacy Act (ECPA) to prohibit the unauthorized interception of electronic communications during their transmission.  The ECPA covers cellular telephone signals and calls.  The exact language of the statute is contained in the following link:

• U.S. Code - Title 18, Chapter 119 - Electronic Communications Privacy Act 

Analog cellular telephone signals are unencrypted and are fairly easy to scan and tape record by an individual who purchases legally sold electronics store equipment. 

Digital cellular telephones are now the industry standard.  These signals are encrypted and require sophisticated law enforcement grade equipment (or illegal Southeast Asian pirated technology) and highly skilled individuals to break the encryption and intercept calls. 

Congress amended the ECPA to reflect the sophistication of digital signals and to deter offenders.  Now, offenders are subject to a 5 year prison term for conviction of interception of digital signals, depriving a cellular phone carrier of revenue, listening to a protected conversation, recording a protected conversation and using the illegally obtained information against an individual. 

Title 18, Section 2520 provides for civil remedies for individuals whose cellular telephone calls were intercepted.  Both Tammi Bowden and Nancy Gagen are seeking punitive damages against Kirkland & Ellis for its intentional interception of Ms. Bowden's Cingular telephone signal and monitoring of their private telephone calls.