http://www.eff.org/legal/?f=ecpa_laymans_view.article.txt

Quote:

 What about electronic mail, or "e-mail?"  E-Mail has
been the single biggest area of misinformation about
the new law.  First, section 2701 does make it a
federal offense to read someone else's electronic mail.
That would be exceeding your authorization, since
"private" e-mail systems do not intend for anyone other
than the sender or receiver to see that mail.

To me, this means:  If a email list is archived by the owner but only
subscribers have access (or if the owner does not archive it), then it
is a federal offense for anyone to make archives available without
subscription.


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