Anonymous v. Anonymous

MOORE, Circuit Judge:

This case involves the extent to which the wiretap provisions of the Omnibus Crime Control and Safe Streets Act of 1968 (the “Act”). 18 U.S.C. §§ 2510-2520, apply to interspousal wiretaps used in preparation for divorce litigation. The issue is one of first impression in this Circuit, although it has recently arisen in both the Fifth and Sixth Circuits. Simpson v. Simpson, 490 F.2d 803 (5th Cir.), cert. denied, 419 U.S. 897, 95 S.Ct. 176, 42 L.Ed.2d 141 (1974); United States v. Jones, 542 F.2d 661 (6th Cir. 1976).

From the extensive discussion of legislative history in…