Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Path: utzoo!mnetor!seismo!lll-crg!lll-lcc!well!tenney From: tenney@well.UUCP (Glenn S. Tenney) Newsgroups: net.mail Subject: Re: Congress is now debating the future of Usenet Message-ID: <1676@well.UUCP> Date: Mon, 25-Aug-86 01:51:21 EDT Article-I.D.: well.1676 Posted: Mon Aug 25 01:51:21 1986 Date-Received: Mon, 25-Aug-86 19:13:41 EDT References: <1632@well.UUCP> <1013@hoptoad.uucp> <1170@utastro.UUCP> <1022@hoptoad.uucp> <189@husc6.HARVARD.EDU> <3230@brl-smoke.ARPA> Reply-To: tenney@well.UUCP (Glenn S. Tenney) Organization: Whole Earth Lectronic Link, Sausalito CA Lines: 47 In article <3230@brl-smoke.ARPA> bogstad@brl.arpa (William Bogstad (JHU|mike) ) writes: > ... >> "(3)(A) Except as provided in subparagraph (B) of this >> paragraph, a person or entity providing an electronic communication >> service to the public shall not willfully divulge the contents of any >> communication (other than one to such person or entity, or an agent >> thereof) while in transmission on that service to any person or entity >> other than an addressee or intended recipient of such communication or >> an agent of such addressee or intended recipient. >> >> "(B) A person or entity providing electronic communication >> service to the public may divulge the contents of any such >> communication-- >> ... >> "(iv) which were inadvertently obtained by the service >> provider and which appear to pertain to the commission of a crime, if >> such divulgence is made to a law enforcement agency.". > > Why this exception? Yes, we all want to stop crime, but I >can't find a similar statement for phone conversations. There are >mentions of service personnel monitoring transmission for quality >control, but I don't think this allows them to divulge the contents of >those conversations without a court order. Why can't e-mail get the >same legal protection. > > Bill Bogstad " 'electronic communication' menas any transfer of signs, signals, writing, images, sounds, data, or intelligence of ANY NATURE transmitted in whole or in part by a WIRE, RADIO, ELECTROMAGNETIC, PHOTOELECTRONIC or PHOTOOPTICAL system ... , but does not include ... B) any WIRE or ORAL communication ... " Well, to me the above is at best ambiguous, since in one case they include wire communications then exclude the same ones. I therefore don't know, but one could say that telephone conversations MIGHT be included as 'electronic communication', especially if digitized. Of course, records, tapes and movies ARE included. Hmm, depending on what is photo- optical, this might even include any letter that CAN be read by a photo- optic reader (since the letter would be a PART of the optical recognition system). On second thought, every check I write is the data part of a photooptic system, so all my checks would be considered ... The essence here is that this is LUDICROUS, but I believe the wording says that! -- Glenn Tenney