The Seventh Circuit Court of Appeals, based here in Chicago, has just issued a frustrating opinion in a privacy case, and compounded that opinion with an egregious administrative error that itself invaded the privacy of a young woman. In Doe v. Smith, the court considered an appeal by the plaintiff, who was a sixteen year old girl when she engaged in sexual intercourse with Jason Smith. According to Doe's complaint, Smith surreptitiously recorded their sexual encounter using a hidden video camera and then emailed copies of the tape to buddies at his high school. One of these friends then allegedly posted a copy of the video on the Internet. Doe sued Smith for invasion of privacy and violations of the federal wiretap act. The court ruled, quite plausibly, that the district court erred in dismissing the plaintiff's federal cause of action under the wiretap act. The court followed this holding up with a remand instruction that is, in my view, extremely unfortunate and threatens to undercut legal privacy protections substantially. Scrutinizing the caption of the case, the court wondered whether the plaintiff should be allowed to proceed as a Jane Doe.