We're looking into Unified Messaging (Voice over IP) from Cisco, which makes voice mail (recorded phone calls) available by email. Making sereptitious copies of that email may be construed as a wiretap someday. Likewise, if one of your users has http://www.vonage.com/,
Hmm. (waves large IANAL sign and medium-sized "I only speak for myself" banner)
As I understand it, the message has to be "in transit" for it to be considered a wire tap. Our local law enforcement had to have a search warrant to get the contents of someone's mail spool, but a Federal wiretap order to get us to show them packet sniffing of inbound mail. In that context, someone's voice mail, having already arrived at the destination, would not require wiretap-grade authorization. A search warrant would be sufficient to get access to it.
Ditto for email. In theory, this means that contents of mail queues might be construable as "in transit" in the same way that intercepting a USPS truck requires more than a search warrant (as I recall).
Also, as I understand it, you have the right to monitor your own network and facilities. It's the rules/laws that govern disclosure to others that are the clincher.
But again, I'm neither a lawyer nor speaking for anyone but me. :)
-royce
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