On Tue, 13 Apr 2004, Forensic Computer Service, Inc. wrote: > 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. Almost every IRC client has a "log current session" feature. It sounds as if both parties (the judge and the cop) did not understand how to use it or even that it was there.
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