Re: [ISN] E-Mail Snooping Ruled Permissible

From: InfoSec News (isn@private)
Date: Fri Jul 02 2004 - 05:34:39 PDT

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    Forwarded from: Mark Hoffer <hoffer53@private>
    Coming from the ISP side of things, this is a great sigh of relief.  
    Before this ruling, some could have interpreted the law in a way that
    the ISP could not scan for viruses or block spam.  I agree that email
    should not be snooped on, but every user should know that the privacy
    of an email is like that of a postcard.
    Now about this wiretap law - is it unlawful for me to use a packet
    sniffer to troubleshoot a customer's connection and to watch for
    malicious traffic on my network?
    -Mark Hoffer
    ----- Original Message ----- 
    From: "InfoSec News" <isn@private>
    To: <isn@private>
    Sent: Thursday, July 01, 2004 7:33 AM
    Subject: [ISN] E-Mail Snooping Ruled Permissible
    > Forwarded from: Marjorie Simmons <lawyer@private>
    > By Kim Zetter
    > June 30, 2004
    > E-mail privacy suffered a serious setback on Tuesday when a court of
    > appeals ruled that an e-mail provider did not break the law in
    > reading his customers' communications without their consent.
    > The First Court of Appeals in Massachusetts ruled that Bradford C.
    > Councilman did not violate criminal wiretap laws when he
    > surreptitiously copied and read the mail of his customers in order
    > to monitor their transactions.
    > Councilman, owner of a website selling rare and out-of-print books,
    > offered book dealer customers e-mail accounts through his site. But
    > unknown to those customers, Councilman installed code that
    > intercepted and copied any e-mail that came to them from his
    > competitor, Although Councilman did not prevent the mail
    > from reaching recipients, he read thousands of copied messages in
    > order to know what books customers were seeking and gain a
    > commercial advantage over Amazon.
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