Attention Lawyers and Anyone Who Slept in Holiday In Last Night...

EXHIBIT A, the law on recording conversations and they're legality in NC, as pinched off brainshrub's recent thread:

N.C. Gen. Stat. § 15A-287: It is a Class H felony to intercept or disclose the contents of a wire, oral or electronic communication without the consent of at least one party to the communication, The statute defines wire communications to exclude the radio portion of a cordless telephone call that is transmitted between a cordless telephone handset and base unit. N.C. Gen. Stat. § 15A-287.

In addition, communications transmitted in a manner accessible to the general public, radio transmissions of aircrafts, ships or vehicles, and law enforcement radio communications, can be legally intercepted.

Violations of the law can be punished by imprisonment for up to 10 years and a fine. Civil liability is expressly authorized for actual damages, $100 per day of violation or $1,000 — whichever is greater. Punitive damages, attorney fees and litigation costs also can be recovered. N.C. Gen. Stat. § 15A-296.


EXHIBIT B,
New Details Filed on NSA "Secret Rooms"
May 26, 2006 12:40 PM

Brian Ross and Vic Walter Report:

New details on "secret rooms" allegedly established inside an AT&T switching center in San Francisco have been made public in a sworn affidavit filed in court by a former AT&T employee, Mark Klein.

......................

According to the heavily-redacted eight page document, the NSA equipment is able to divert "the contents of all the electronic voice and data communications" moving through the AT&T facility.

Klein was briefly given access to the room, which he says the NSA installed in 2002.

Klein describes the AT&T facility as "one of the largest internet switching points in the United States."


MY QUESTION: since they're intercepting/switching/diverting my calls and emails, how can I sue to get my $100/day plus punitive damages and attorney's costs that NC Law says I'm enttitled to?

information. Since the people doing the deed will not give you clearance to see what info of yours they stole you are SOL.

CATCH 22

When I began to pursue this issue in Oregon I invariably ended up at the Public Utilities Commission for jurisdiction. The Federal pursuit was all but out of reach without significant funds and, most definitely is the job for a large and sufficiently more powerful body then the individual. In Oregon that job has fallen to the ACLU. They have entered into a large and growing (18 states Monday, 20 as of this morning)number of state challenges to state Utilities Commissions.

I'd advise contact with NC ACLU to see if they are among the gang of 20 and growing. If they are not, push them but I wouldn't stop there. I'd look for what statewide body of constitutional attorneys that are looking into this matter. I would not advise pursuing the matter as an individual, that is of course, unless you are a multi-millionaire, as the amount of justice one gets from the courts are in direct proportion the the amount of justice one is capable of purchasing by the thickness of wallet.

At some unknown point the so called "catch 22" impasse will be overcome, either by the congress stepping up and dumping funding for the database collection activities, or the courts, or most importantly, the FISA court whose authority has been usurped. One of the justices has already resigned in protest the day after the USA Today article became public, and a number of the court including the Chief of that court are none too happy. There is some legal rumblings there that a resignation en-mass may occur should the NSA be unable to overcome the beliefs that if NSA doesn't think they (FISA) are needed anymore then the court should resolve. This is the best kept secret in the matter with almost NO coverage by MSM of the degree of hostility occurring a FISA. Legal scholars close to the case are holding some high hopes in this regard as should the court move forward with the threat of resignation, by the NSA not coming forward with some acceptable accommodation to the courts mandate the whole cookie will crumble when the congress has to deal with the resulting egg all over the collective faces of Congress.

In any event, even if this issue is put off till after Nov. or at which ever other point in time the databases are effectively placed on the table, the database collection will fail legal tests or Congressional intestinal fortitude. So I would encourage getting on the case as a complainer/litigant.

IN the related matter of the equipment, at least six major MSM outlets are and have begun to follow the equipment. The NYT has already received an initial feedback from the experts they have hired that the equipment demonstrates significant violations are occurring. Rumor has it that Congressional staffers have begun to collect opinions of expertise after receiving information from MSM and "internet" source's where the equipment is coming under scrutiny. Whether this will lead to any spine at the Congress anytime soon is too early to judge. Pressed for an opinion, the impending pressure that will most assuredly occur once MSM is ready to move forward with the exposure of what they are finding the equipment evaluation leads, will force the hand of the DINOs. While we have lost the first battle I would say the war itself is not over. The NSA has significantly weakened its hand in the pursuit of ABC and others in the press, those once held allies will amount to the veritable pit bull that won't let go of its prey.