Re: Legal question

From: Steven M. Bellovin (smbat_private)
Date: Thu Jan 20 2000 - 19:41:46 PST

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    In message <7055B446C24AD2118CC000805F156594022B6A2Cat_private>,
     "Crumrine, Gary L" writes:
    
    >
    >I think the current wiretap laws deal with the voice only environment, and
    >have not taken into consideration the new possibilities that voice/data
    >brings to the table.  And I do not think current rules would apply.  
    
    No.  The Electronic Communications Privacy Act, passed in 1986, was 
    specifically designed to address data.  See, for example, 
    http://www4.law.cornell.edu/uscode/18/2511.html:
    
    Sec. 2511. Interception and disclosure of wire, oral, or electronic
    communications prohibited 
    
          (1) Except as otherwise specifically provided in this chapter any
          person who - 
                (a) intentionally intercepts, endeavors to intercept, or 
                procures any other person to intercept or endeavor to
                intercept, 
                any wire, oral, or electronic communication; 
    
    The older wiretap law (vintage 1969) did not cover data; hence the amendments. 
    Section 2510, part 12, defines "electronic communication" to include images, 
    data, signals, or "intelligence of any nature".  (Curiously enough, it 
    excludes electronic funds transfer information.)
    
    		--Steve Bellovin
    



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