This section contains the nature of the case and procedural background.

When P was 16 she engaged in consensual sexual relations with D who was a year older. D set up a hidden video camera and recorded the two in bed. After they stopped dating, D circulated the tape at their high school. D distributed copies by email and that at least one of the recipients posted the data on the Internet. P sued and claimed that the video recording is an unauthorized interception and its disclosure forbidden by the federal wiretapping statute, 18 U.S.C. §§ 2510 Section 2520 creates a private right of action for damages. The district court dismissed the suit under Fed. R. Civ. P. 12(b)(6), because P did not allege in so many words that the recording was an 'interception' within the meaning of § 2510(4). P appealed.

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