Court of Appeals for the Ninth Circuit August 18, 1999, No. 97-55410 (Sussman v. American Broadcasting Companies, Inc.)

KOZINSKI, Circuit Judge:

We decide whether ABC’s surreptitious videotapings during an investigation of the Psychic Marketing Group could have violated 18 U.S.C. § 2511 (1994), the federal wiretapping statute.

I

ABC hired Stacy Lescht to pose as a psychic telephone advisor in order to gain access to the offices of the Psychic Marketing Group (PMG).