Re: Legal question

From: Paul Howell (grueat_private)
Date: Sun Jan 16 2000 - 11:48:28 PST

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    It all depends on who's doing the sniffing, why they are sniffing, and what 
    data is being sniffed (i.e., headers or payload). 
    
    For example, the ECPA prohibits the interception/disclosure of email, but 
    there are exemptions for a provider if it's necessary to protect the org's 
    resources.
    
    Wiretap laws apply to the police only, not to citizens.  WRT police, it
    depends on if you're state/federal, is it a national security matter or
    not, if you're state police -- is there a state law, if you're a fed. --
    will simple headers do or do you need payload as well.
    
    For example, federal officials can sniff a network with a simple trap and
    trace order so long as they only look at headers and not at the content/payload.
    
    < paul
    
    Crumrine, Gary L" writes:
     > After wearing out my fingers during a heated conversation with another
     > colleague over legalities of certain actions, a question came up in my mind
     > concerning sniffers and their usage.
     > 
     > If a sniffer was placed on the outside of a given network, and was
     > configured to sniff packets coming from that network only, does this
     > constitute an illegal wire tap?  And do the same rules apply to data as they
     > do voice?  In some cases it transits the same copper wire... ouch I am
     > getting a headache..
     > 
    



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