Number: RS21912
Title: Private Rights of Action and the Wiretap Act: The DirecTV Litigation
Authors: Todd B. Tatelman, American Law Division 
Abstract: Attempts by DirecTV to reduce the piracy of its satellite broadcast signal have garnered significant legal and congressional interest. Over the past several years DirecTV has been engaged in an aggressive campaign to prevent the theft and piracy of its satellite television signal. One element of this campaign has been to bring civil lawsuits against individuals who possess certain devices that apparently can be used to intercept satellite transmissions. DirecTV has brought these lawsuits primarily pursuant to the civil remedies section of the Electronic Communications Piracy Act (Wiretap Act), arguing that the statute allows them to bring a civil suit for any violation of the Wiretap Act. Numerous defendants to these suits have responded by arguing that DirecTVs use of this civil remedy is inappropriate because the act does not provide the statutory authority to bring a civil lawsuit for violations of other sections of the Wiretap Act. Rather, they contend that the civil remedy is limited to the specific violations listed in the statute. This argument has been met with inconsistent results among the federal district courts that have ruled on its merits. Recently, the Eleventh Circuit Court of Appeals became the first federal court of appeals to address this specific issue, holding that the plain language of the Wiretap Act does not provide DirecTV with a private right of action for alleged violations of other sections of the Wiretap Act.
Pages: 5
Date: August 18, 2004