Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Path: utzoo!mnetor!seismo!rutgers!sri-spam!ames!ptsfa!well!msudoc!umich!itivax!m-net!glr From: glr@m-net.UUCP (Glen L. Roberts) Newsgroups: news.misc,news.sysadmin Subject: Re: Foothead, Foothead, on the net/Who's the biggest liar yet? Message-ID: <1221@m-net.UUCP> Date: Sat, 25-Apr-87 15:49:13 EDT Article-I.D.: m-net.1221 Posted: Sat Apr 25 15:49:13 1987 Date-Received: Sat, 2-May-87 09:32:32 EDT References: <1128@cartan.Berkeley.EDU> <1065@epimass.UUCP> Reply-To: glr@m-net.UUCP (Glen L. Roberts) Organization: M-NET, Ann Arbor, MI Lines: 58 Xref: mnetor news.misc:343 news.sysadmin:181 In article <3258@jade.BERKELEY.EDU> chapman@eris.BERKELEY.EDU (Brent Chapman) writes: >In article <493@gouldsd.UUCP> mjranum@gouldsd.UUCP (Marcus J Ranum) writes: >>What you are talking about here is a violation of Federal Law. Electronic >>mail is protected under the same protection as the US Mail, despite the speed >>difference ! > >WHOA, THERE! That's one helluva claim... > >Care to cite some sources to back up your statement? > >Your assertation that you're not just blowing smoke is all well and good, but >I'd rather see you cite a specific Federal statute or state your credentials >as a lawyer or _something_ to give me a little more reason to believe what >you say. > > A lot of people don't think that electronic mail is protected. Well, its not the same protection as US Mail. However, since the Electronic Communications Privacy Act went into effect on January 17th, 1987, there are restrictions on reviewing electronic mail and other data, without authorization. New section [18 usc] 2701 Unlawful access to stored communications Subsection (a) of this new section creates a criminal offense for either intentionally access, without authorization, a facility through which an electronic communication service is provided, or for intentionally exceeding the authorization for accessing that facility. Subesection 2701, also provides that the offender must obtain, alter, or prevent authorized access to a wire or electronic communiction while it is in electronic storage in such an electronic storage system in order to commit a violation under the subsection. The term ``electronic storage'' is defined in section 2510(17) of title 18 [us criminal code] and includes both temporary, intermediate storage of a wire to electronic communication incidental to the transmission of the message, and any storage of such a communication by the electronic communication service for purposes of backup protection of the communication. This provision addresses the growing problem of unauthorized person deliberately gaining access to, and sometimes tampering with, electronic or wire communications that are NOT INTENDED to be available to the public. ... Subsection (b) of this new section provides punishment for violation of subsection (a). A distinction is drawn between offenses committed for purposes of commericial advantage, malicious destruction or damage, or for private commericial gain and all other types of violation. If the offense is committed for private or commericial gain or for malicious destruction the subsection provides A FINE OF NOT MORE THAN $250,000 OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BOTH, for a first offender.... -- Glen L. Roberts, Box 8275-UN, Ann Arbor, Michigan 48107 {!ihnp4!itivax!m-net!glr} <-- don't expect a reply, !Mail is brain damaged here ``No government door can be closed against the 1st Amendment and no government action is immune from its force.'' -Bursey v. US (466 F.2d 1059)