Anthony Zerilli and Michael Polizzi v. The Evening News Association

TAMM, Circuit Judge:

In this case, we must decide the merit of statutory and constitutional claims for monetary damages resulting from the disclosure of information originally obtained in violation of the fourth amendment. More specifically, we must determine whether 18 U.S.C. § 2520 (1976), which establishes a civil remedy for the disclosure of information obtained by unlawful surveillance, supports a cause of action when the surveillance occurred before, but the disclosure after, the effective date of the section. In addition, we must decide whether a private newspaper may be held liable…