Without having read the whole decision, I believe the judge was making a statement that if the software was designed to save data to the disc then the persons using the software would have prior knowledge that their data is subject to being saved/stored. It would be permissable evidence since software used by both parties was designed, or had a built-in feature, to store a permanent transcript on the disc. In the case cited, it appears the detective had to manually copy and store the information which was in violation of the defendant's rights without a wiretap order. Since Email is designed to be physically stored on media I would believe any copies (including that on the ISP server) would be admissable as long as they were legally obtained. The whole "phone recording" issue brought up by Zot is another bag of worms. Missouri is a "single-party" state as well. If one goes by the premise that "ignorance of the law is no excuse", then people calling me should know that I don't need their permission to record our conversation, however, what if I call them ? Is it the laws of the state where the call originated or terminated which apply ? What if both apply (i.e. I can record them but they can't record me without my consent ) ? Interesting... Regards, G. Chatten FCS -----Original Message----- From: owner-crime@private [mailto:owner-crime@private]On Behalf Of Raan Young Sent: Tuesday, April 13, 2004 3:01 PM To: Zot O'Connor Cc: CRIME List Subject: Re: CRIME Save a Chatlog... Go to Prison? What about email? Does this imply that I have to get permission to save copies of email exchanged with somebody in a two-party state? For that matter, what about email I haven't read yet, that's sitting on a server somewhere and gets backed up? Is my ISP then violating the law? Raan Young
This archive was generated by hypermail 2b30 : Tue Apr 13 2004 - 14:48:08 PDT