>> On Thu, 29 Jan 2004, Dirk Mueller wrote:
>> 
>> > > line ~220) looks like this - see below. No bouncing, no quarantines, just
>> > > action_discard. For ALL the viruses/worms. That's it!
>> 
>> > Well, in most countries this is however illegal.
>> 
>> I doubt it.  Do you have evidence to support this statement?
>> 
>> Regards,
>> 
>> David.
>
>I can at least acknowledge this for German rights: it's in the German
>criminal code ยง206. You can get up to 5 years imprisonment!

Exceprt from Section 206:

(1) Whoever, without authorization, makes a communication to another person about 
facts which are subject to postal or telecommunications confidentiality and which 
became known to him as the owner or employee of an enterprise in the business of 
providing postal or telecommunications services, shall be punished with imprisonment 
for not more than five years or a fine.

(2) Whoever, as an owner or employee of an enterprise indicated in subsection (1) and 
without authorization: 
1. opens a piece of mail which has been entrusted to such an enterprise for 
transmission and is sealed, or gains knowledge of its content without breaking the 
seal by using technical means; 
2. suppresses a piece of mail entrusted to such an enterprise for transmission; or 
3. permits or encourages one of the acts indicated in subsection (1) or in numbers 1 
or 2, shall be similarly punished.


The law obviously applies to ISPs and other companies that provide e-mail services as 
their business.  For private companies though, my understanding is that company 
policies regarding e-mail will determine whether the law applies.  If a company 
explicitly prohibits personal use and only allows business use of e-mail, then this 
law does not apply, and the company has the right to review communications, suppress 
mail, etc., as long as it communicates to employees that these things are being done.

If the company allows employees to use e-mail for non-business purposes, then they are 
covered by the law because they are considered to be providing telecommunication 
services to their employees.  Personal e-mails are being sent to that person, not to 
the company.  So suppression of a message would be illegal.

Good reason to forbid non-business use of e-mail if you're a company in Germany.

Scott J. Ladewig
Manager, Networking & Operations
John M. Olin School of Business
Washington University
(314) 935-8395
(314) 935-8206 FAX
[EMAIL PROTECTED]

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