TAMPA, Fla. — A United States District Judge has dismissed Wiretap Act counts against Timothy (Tim) Burke stemming from an unauthorized computer access case.
Judge Kathryn Kimball Mizelle of the Middle District of Florida, Tampa Division, concluded to dismiss all Wiretap Act counts, concluding "Burke does not dispute that he acquired the communications, but instead whether he did so consistent with the Wiretap Act exceptions. The government’s arguments (and I assume evidence) are that he did not."
Case summary
Burke was charged in February of 2024 with violating the Wiretap Act for allegedly accessing and downloading private livestreams from media companies, then sharing some of them.
MORE: Councilwoman claims FBI search of family home was related to husband's work as journalist
The government argued that it only had to prove that Burke intentionally received a communication with a device; if Burke wanted to claim an exception (such as public accessibility), that was his burden.
Burke argued this interpretation made the law unconstitutional because it could criminalize ordinary internet activity (like watching YouTube or visiting a website).
What the judge decided.
Read full court document
Tim Burke ruling by ABC Action News
First Amendment concerns
If the Wiretap Act is read the way the government wants, it could criminalize normal online activity and chill free speech.
Example: If all it takes to violate the law is “intentionally acquiring” a communication with a device, then anyone streaming a video or reading online news could technically be prosecuted.
The judge ruled that two exceptions in the Wiretap Act must be treated as elements of the crime (things the government must prove), not just defenses:
The defendant was not a party to the communication (like, they weren’t the intended recipient).
The communication was not readily accessible to the general public (like, it wasn’t something open like a YouTube video).
This way, the government must prove from the start that Burke accessed something he wasn’t supposed to.
Impact on his case
The indictment against Burke did not include these required allegations.
So, the judge dismissed the Wiretap Act charges (Counts 8–14) but without prejudice, meaning the government can fix the indictment and file again.
What now what next
The government has three options:
Drop the Wiretap Act charges and continue with other charges.
Appeal this ruling to a higher court.
File a new indictment that includes the missing elements and proceed to trial.
Hillsborough County cameras will soon target speeders throughout the school day
Drivers in 29 Hillsborough County school zones will soon face photo enforcement throughout the entire school day.
