Firewall Wizards mailing list archives

Re: Legal question


From: "Steven M. Bellovin" <smb () research att com>
Date: Thu, 20 Jan 2000 19:41:46 -0800

In message <7055B446C24AD2118CC000805F156594022B6A2C () aimrmsntsb irm state gov>,
 "Crumrine, Gary L" writes:


I think the current wiretap laws deal with the voice only environment, and
have not taken into consideration the new possibilities that voice/data
brings to the table.  And I do not think current rules would apply.  

No.  The Electronic Communications Privacy Act, passed in 1986, was 
specifically designed to address data.  See, for example, 
http://www4.law.cornell.edu/uscode/18/2511.html:

Sec. 2511. Interception and disclosure of wire, oral, or electronic
communications prohibited 

      (1) Except as otherwise specifically provided in this chapter any
      person who - 
            (a) intentionally intercepts, endeavors to intercept, or 
            procures any other person to intercept or endeavor to
            intercept, 
            any wire, oral, or electronic communication; 

The older wiretap law (vintage 1969) did not cover data; hence the amendments. 
Section 2510, part 12, defines "electronic communication" to include images, 
data, signals, or "intelligence of any nature".  (Curiously enough, it 
excludes electronic funds transfer information.)

                --Steve Bellovin




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