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

From: Robert D. Young (Robert@private)
Date: Tue Apr 13 2004 - 17:50:41 PDT

  • Next message: Warren Harrison: "Re: CRIME Save a Chatlog... Go to Prison?"

    It's my understanding from what the lawyers have told me that the
    one-party state rules are applicable only when both parties are in the
    same state. Of course, it may also work if someone in Missouri calls
    someone in Oregon (also a one-party state), but I'll wait for someone
    with a legal background to advise me before I'll try it. In the
    meantime, I'll continue to inform anyone I suspect may be out-of-state
    before I start any substantive recording (i.e., I'll record their denial
    or acceptance, regardless).
    
    - Robert
    
    -----Original Message-----
    From: Forensic Computer Service, Inc.
    [mailto:sales@private] 
    Sent: Tuesday, April 13, 2004 2:04 PM
    To: raan@graand-visions.com; Zot O'Connor
    Cc: CRIME List
    Subject: 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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