QMany Posted September 18, 2013 Share Posted September 18, 2013 It unlawful to ... deliberately intercept ... through the use of any “electronic, mechanical, or other device,” any ... oral communications, unless the interceptor has previously obtained a court order permitting the interception or is a party to the communication, or one of the parties to the communication has previously consented to the interception. State v. Strohl, 255 Neb. 918, 923, 587 N.W.2d 675, 680 (1999) Sharpe and Bo are talking. Can you consider the tech guy a party to a communication that was off-air? Yes, Bo should know that there are mics in the room. There are also mics in tons of rooms in schools, offices, etc. You still can have an expectation of privacy. I'm presuming Sharpe isn't consenting to this or behind this, so it would seem this one-party rule is a little weaker in this situation. Quote Link to comment
NUpolo8 Posted September 18, 2013 Share Posted September 18, 2013 Let's be clear also. From the emails released by Deadspin, it appears that the person who gave the recording to him is not the person who would have been there that night or got the recording off of university equipment. I believe one email claimed the person just came in possession of the recording recently. At least that's what they are claiming. Agreed. However, the kind of person who would specifically release this recording after Bo's little kerfluffle with Tommie, with vindictive intent plain to see in the email exchange, isn't exactly someone I'd trust to tell the truth about how long they've had this recording. Exactly, and that's what's most pathetic about this. It's not that he lost, it's that he won't kiss Tommie's ring Quote Link to comment
Mavric Posted September 18, 2013 Share Posted September 18, 2013 In Nebraska only one party has to know that the conversation is being recorded. Generally people are told in case there are interstate calls or simply to be decent about it, but there is no legal obligation in NE to inform the other party that you are recording the conversation. That being said, he was in a studio with microphones-- that seems to negate any sort of assumption of privacy. . There was a lawyer-ish guy that earlier pretty much stated this is the case. Legally, that may be correct. But to anyone else, wrong. Quote Link to comment
BIG ERN Posted September 18, 2013 Share Posted September 18, 2013 Let's be clear also. From the emails released by Deadspin, it appears that the person who gave the recording to him is not the person who would have been there that night or got the recording off of university equipment. I believe one email claimed the person just came in possession of the recording recently. At least that's what they are claiming. Agreed. However, the kind of person who would specifically release this recording after Bo's little kerfluffle with Tommie, with vindictive intent plain to see in the email exchange, isn't exactly someone I'd trust to tell the truth about how long they've had this recording. Exactly, and that's what's most pathetic about this. It's not that he lost, it's that he won't kiss Tommie's ring Ring(s) Quote Link to comment
Ulty Posted September 18, 2013 Share Posted September 18, 2013 It unlawful to ... deliberately intercept ... through the use of any “electronic, mechanical, or other device,” any ... oral communications, unless the interceptor has previously obtained a court order permitting the interception or is a party to the communication, or one of the parties to the communication has previously consented to the interception. State v. Strohl, 255 Neb. 918, 923, 587 N.W.2d 675, 680 (1999) Sharpe and Bo are talking. Can you consider the tech guy a party to a communication that was off-air? Yes, Bo should know that there are mics in the room. There are also mics in tons of rooms in schools, offices, etc. You still can have an expectation of privacy. I'm presuming Sharpe isn't consenting to this or behind this, so it would seem this one-party rule is a little weaker in this situation. To clear it up, there are one-party states and there are two-party states. "One-party" basically means ANY party. Anyone in the room can record. "Two-party" essentially means EVERY party, you'd have to get everyone's consent. Nebraska is a one-party state. And I agree with others, the reasonable expectation to privacy would be negated by the presence of media equipment and multiple people in the room. I can't imagine any legal implications that can be legitimately brought up from this recording, unless it was used in an attempt at extortion. Quote Link to comment
Karawithasmile Posted September 18, 2013 Share Posted September 18, 2013 It unlawful to ... deliberately intercept ... through the use of any “electronic, mechanical, or other device,” any ... oral communications, unless the interceptor has previously obtained a court order permitting the interception or is a party to the communication, or one of the parties to the communication has previously consented to the interception. State v. Strohl, 255 Neb. 918, 923, 587 N.W.2d 675, 680 (1999) Sharpe and Bo are talking. Can you consider the tech guy a party to a communication that was off-air? Yes, Bo should know that there are mics in the room. There are also mics in tons of rooms in schools, offices, etc. You still can have an expectation of privacy. I'm presuming Sharpe isn't consenting to this or behind this, so it would seem this one-party rule is a little weaker in this situation. To clear it up, there are one-party states and there are two-party states. "One-party" basically means ANY party. Anyone in the room can record. "Two-party" essentially means EVERY party, you'd have to get everyone's consent. Nebraska is a one-party state. And I agree with others, the reasonable expectation to privacy would be negated by the presence of media equipment and multiple people in the room. I can't imagine any legal implications that can be legitimately brought up from this recording, unless it was used in an attempt at extortion. Spot on, thanks Ulty. Quote Link to comment
Calvin Posted September 18, 2013 Share Posted September 18, 2013 I think Bo should worry about repairing his reputation and not worry about who released the tape. He's just answering questions. Quote Link to comment
Saunders Posted September 18, 2013 Author Share Posted September 18, 2013 I don't really care about the leak, its just a sideshow that is distracting from the real issue, an under performing coach. That is where I am coming from. Even worse, to a degree it may be creating sympathy for Bo by some, when as I added to the original post he is his own worst enemy with his unprofessional behavior. When you make millions per year, you might want to grow up a little especially if it means keeping your job or not! Your definition of unprofessional behavior implicates a shitton of coaches. 3 Quote Link to comment
Mike Mcdee Posted September 18, 2013 Share Posted September 18, 2013 I don't really care about the leak, its just a sideshow that is distracting from the real issue, an under performing coach. That is where I am coming from. Even worse, to a degree it may be creating sympathy for Bo by some, when as I added to the original post he is his own worst enemy with his unprofessional behavior. When you make millions per year, you might want to grow up a little especially if it means keeping your job or not! Your definition of unprofessional behavior implicates a shitton of coaches. Is your definition of "shitton" more or less than a plethora? 1 Quote Link to comment
WhatDoIKnow Posted September 18, 2013 Share Posted September 18, 2013 I said from the beginning that the person who leaked it is a slimeball. Let them live with what they have done. I dont agree. Hold the person accountable. It was an invasion of privacy. Nothing more, nothing less. We're gonna hold Bo accountable. It damn well better go both ways if they find out who it is. If you look at the rest of the post you quoted, I am refering to physical harm coming to the leaker-weasel. Feel free to damage leaker-weasel's reputation all they want. Can we be sure a "fan" won't take matters into their own hands? Imagine the headlines: "Leaker-weasel sent to hospital after being beaten by angry Husker fan." "Leaker-weasel and family bombarded by threats from Husker fans." I don't know that we need more negative pub right now. 2 Quote Link to comment
presidentjlh Posted September 18, 2013 Share Posted September 18, 2013 I don't wish any ill will on the leaker beyond that he should be removed from his position at his place of work, for being a media member one is called to certain ethics (lol), and even though no one follows those ethics, this is such a terrible breach against that code that it demands retribution in that form and that form alone. Quote Link to comment
HUSKER FREAK Posted September 18, 2013 Share Posted September 18, 2013 I wonder where Vince Marrow was that night? Just curious Quote Link to comment
wildman Posted September 18, 2013 Share Posted September 18, 2013 I wonder where Vince Marrow was that night? Just curious lol interesting thought. I personally was thinking Dirk Chatelain. 1 Quote Link to comment
Hooked on Huskers Posted September 18, 2013 Share Posted September 18, 2013 Theory: This secret tape had a few studio people have access to it. The same people decided to keep it under wraps, probably forever until one low moral character, most likely outside the circle, offered the trade with $$$ and bombshell tape. Kinda like drug deal. Quote Link to comment
wildman Posted September 18, 2013 Share Posted September 18, 2013 Theory: This secret tape had a few studio people have access to it. The same people decided to keep it under wraps, probably forever until one low moral character, most likely outside the circle, offered the trade with $$$ and bombshell tape. Kinda like drug deal. sounds like you were in on it lol Quote Link to comment
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