Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period (was Re: BNA's Internet Law News (ILN) - 2/27/03)

2003-03-06 Thread Will Rodger
John says: Next time, before disagreeing with someone: a) Please read what he actually wrote, and b) Don't quote snippets out of context. Three sentences later, at the end of the paragraph that began as quoted above, I explicitly pointed out that cellphone transmissions are a more-protected sp

Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period

2003-03-06 Thread Arnold G. Reinhold
At 4:57 PM -0500 3/5/03, John S. Denker wrote: Tim Dierks wrote: In order to avoid overreaction to a nth-hand story, I've attempted to locate some primary sources. Konop v. Hawaiian Airlines: > http://laws.lp.findlaw.com/getcase/9th/case/9955106p&exact=1 [US v Councilman:] http://pacer.mad

Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period(was Re: BNA's Internet Law News (ILN) - 2/27/03)

2003-03-06 Thread John S. Denker
Will Rodger wrote: John says: > Wireless is a horse of a different color. IANAL but > the last time I looked, there was no federal law > against intercepting most wireless signals, but you > were (generally) not allowed to disclose the contents > to anyone else. No longer, if it ever was. It's a

Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period(was Re: BNA's Internet Law News (ILN) - 2/27/03)

2003-03-06 Thread Will Rodger
John says: Wireless is a horse of a different color. IANAL but the last time I looked, there was no federal law against intercepting most wireless signals, but you were (generally) not allowed to disclose the contents to anyone else. No longer, if it ever was. It's a crime, as evidenced by the wi

Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period(was Re: BNA's Internet Law News (ILN) - 2/27/03)

2003-03-05 Thread John S. Denker
Steven M. Bellovin wrote: The (U.S.) ban on wiretapping without judicial permission is rooted in a Supreme Court decision, Katz v. United States, 389 U.S. 347 (1967) (http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=389&invol=347) which held that a wiretap is a search whic

Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period

2003-03-05 Thread John S. Denker
Tim Dierks wrote: > In order to avoid overreaction to a nth-hand story, I've attempted to > locate some primary sources. > > Konop v. Hawaiian Airlines: > http://laws.lp.findlaw.com/getcase/9th/case/9955106p&exact=1 [US v Councilman:] > http://pacer.mad.uscourts.gov/dc/opinions/ponsor/pdf/counc

Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period (was Re: BNA's Internet Law News (ILN) - 2/27/03)

2003-03-05 Thread Tim Dierks
At 02:30 PM 3/5/2003 -0500, Steven M. Bellovin wrote: >From: Somebody > >Technically, since their signal speed is slower than light, even >transmission lines act as storage devices. > >Wire tapping is now legal. The crucial difference, from a law enforcement perspective, is how hard it is to get th

Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period (was Re: BNA's Internet Law News (ILN) - 2/27/03)

2003-03-05 Thread Steven M. Bellovin
In message <[EMAIL PROTECTED]>, "R. A. Hettinga" wr ites: > >--- begin forwarded text > > >Status: RO >From: Somebody >To: "R. A. Hettinga" <[EMAIL PROTECTED]> >Subject: Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Perio >d (was Re: BNA's Internet Law News (ILN) - 2/27/03) >Date:

Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period (was Re: BNA's Internet Law News (ILN) - 2/27/03)

2003-03-05 Thread R. A. Hettinga
--- begin forwarded text Status: RO From: Somebody To: "R. A. Hettinga" <[EMAIL PROTECTED]> Subject: Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period (was Re: BNA's Internet Law News (ILN) - 2/27/03) Date: Sun, 2 Mar 2003 14:09:05 -0500

Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period

2003-03-05 Thread Tim Dierks
At 01:47 PM 3/2/2003 +, MindFuq wrote: * Tim Dierks <[EMAIL PROTECTED]> [2003-03-02 12:27]: > > This would seem to imply to me that the wiretap act does not apply to any > normal telephone conversation which is carried at any point in its transit > by an electronic switch, including all cell ph

Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period

2003-03-02 Thread MindFuq
* Tim Dierks <[EMAIL PROTECTED]> [2003-03-02 12:27]: > > This would seem to imply to me that the wiretap act does not apply to any > normal telephone conversation which is carried at any point in its transit > by an electronic switch, including all cell phone calls and nearly all > wireline cal

Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period (was Re: BNA's Internet Law News (ILN) - 2/27/03)

2003-03-02 Thread Ronald L. Rivest
Ron At 09:42 PM 3/1/2003, Tim Dierks wrote: At 01:39 PM 2/27/2003 -0500, R. A. Hettinga wrote: At 9:01 AM -0500 on 2/27/03, BNA Highlights wrote: > WIRETAP ACT DOES NOT COVER MESSAGE 'IN STORAGE' FOR SHORT > PERIOD > BNA's Electronic Commerce & Law Report reports that a &

Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period (was Re: BNA's Internet Law News (ILN) - 2/27/03)

2003-03-02 Thread Tim Dierks
At 01:39 PM 2/27/2003 -0500, R. A. Hettinga wrote: At 9:01 AM -0500 on 2/27/03, BNA Highlights wrote: > WIRETAP ACT DOES NOT COVER MESSAGE 'IN STORAGE' FOR SHORT > PERIOD > BNA's Electronic Commerce & Law Report reports that a > federal court in Massachusetts has r

Wiretap Act Does Not Cover Message 'in Storage' For Short Period (was Re: BNA's Internet Law News (ILN) - 2/27/03)

2003-02-28 Thread R. A. Hettinga
At 9:01 AM -0500 on 2/27/03, BNA Highlights wrote: > WIRETAP ACT DOES NOT COVER MESSAGE 'IN STORAGE' FOR SHORT > PERIOD > BNA's Electronic Commerce & Law Report reports that a > federal court in Massachusetts has ruled that the federal > Wiretap Act does not pr