FYI: Vixie (and the Vixie crowd) don't think that the ECPA (Electronic Communication Privacy Act) applies to the internet. They chased me off Nanog some years ago for asserting that it did apply to ISPs. They think they can read your email without penalty. There are several court cases in addition to the text of the statute and the associated Congression Reports specifically describing email as a subject of the law, that indicate that Vixie's group is wrong. But they've never repented.
Last year, an ISP was found to be reading it customers email for it own commercial benefits--From what I understand, it was reading customers email and then contacting people its customers were doing business with. It was charged with a criminal violation of the Wiretap Act. This was an error on part of the prosecutor and it resulted in them not being charged with an ECPA violation: http://www.ca1.uscourts.gov/pdf.opinions/03-1383-01A.pdf Count 1: Conspiracy to violate 18 USC 2511. Court dismissed this count on the grounds that email is in "electronic storage", and cannot be "intercepted" under the meaning of '2511. I agree. But this does not mean that a violation of 18 USC 2701 has not occurred. As I suspected, the defendant was not charged with a violation of 18 USC 2701. The defendant argues that his acts were lawful under the ECPA but the Court does not address this argument, noting on page 16: "Defendant's argument takes us beyond the charges in the Indictment. Therefore, we need not stray beyond the text of the Wiretap Act into the Stored Communications Act because the government sought to indict defendant only for conspiracy to violate Title I, 18 U.S.C. S 2511(a)" On Mon, 29 Nov 2004, Sean Lutner wrote: > You may also wish to look over http://www.vix.com/personalcolo/ > > > On Nov 27, 2004, at 1:39 AM, Dima wrote: > > > > > > > Hi, there, > > > > Happy Thanksgiving to everyone! > > > > Can somebody please help me with my colocation > > needs? It's me and again, I know. Sorry. > > > > I finally found a good cluster, consisting from 10 > > 1U dual Opterons. When I tried to find a home for > > this cluster, I was surprised to see extremely > > high prices for even modest U intervals. It almost > > looks like 42U costs more than 42x1U. And it comes > > with only 20 Amps of power. > > > > I was wondering if somebody can direct me towards > > good colocation shop. I don't need anything > > special. I just need to work on this cluster > > before it will go in production. My house will not > > survive power load. > > > > If you know any not-so-expensive colocation shop - > > please send me a name or URL or phone number. > > > > Please!!! > > > > -------------- > > > > Dimitri (Dima) Shcherban > > > > Phone: 800-445-2588+3+36955 > > or: 508-898-6955 > > Westborough ext: [823]-36955 > > > > > > > > _______________________________________________ > > bblisa mailing list > > [EMAIL PROTECTED] > > http://www.bblisa.org/mailman/listinfo/bblisa > > > > > Sean Lutner | www: http://www.rentul.net > e-mail: [EMAIL PROTECTED] | gpg: http://www.rentul.net/sean.sig > > "Imagination is more important than knowledge." -- Albert Einstein > -- Av8 Internet Prepared to pay a premium for better service? www.av8.net faster, more reliable, better service 617 344 9000 _______________________________________________ bblisa mailing list [EMAIL PROTECTED] http://www.bblisa.org/mailman/listinfo/bblisa
