RE: CRIME Save a Chatlog... Go to Prison?

From: Forensic Computer Service, Inc. (sales@private)
Date: Tue Apr 13 2004 - 14:03:52 PDT

  • Next message: alan: "RE: CRIME Save a Chatlog... Go to Prison?"

    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
    



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