Firewall Wizards mailing list archives
Re: Legal Liability under 1986 ECPA
From: "Jody C. Patilla" <jcp01 () attglobal net>
Date: Tue, 29 Jan 2002 16:13:29 -0500
At 09:05 PM 1/28/02 -0500, Steven M. Bellovin wrote:
It's a complex question with minimal case law. I included the information I could find in Chapter 12 of "Firewalls and Internet Security" (see the URL below), but there's no clear answer. The Justice Department does recommend a warning banner, but the legal need is shakey. This is especially true for corporate nets, where the entire net and the computers on it are owned by the company, and the legislative history of the ECPA clearly shows that Congress did not intend to protect employees in that situation.
Note that the DOJ's Field Guidance document regarding enforcement of the USA Patriot Act lists several sections of the ECPA which have now been superceded by the newer Act. ISPs have already been seriously affected, and it will be some time before the dust settles and there is any case law to sort it all out. - jcp _______________________________________________ firewall-wizards mailing list firewall-wizards () nfr com http://list.nfr.com/mailman/listinfo/firewall-wizards
Current thread:
- Legal Liability under 1986 ECPA Jeff Newton (Jan 28)
- Re: Legal Liability under 1986 ECPA John Adams (Jan 29)
- <Possible follow-ups>
- RE: Legal Liability under 1986 ECPA Ames, Neil (Jan 28)
- Re: Legal Liability under 1986 ECPA Steven M. Bellovin (Jan 29)
- Re: Legal Liability under 1986 ECPA Jody C. Patilla (Jan 30)
- RE: Legal Liability under 1986 ECPA Jermaine Howard (Jan 30)
- RE: Legal Liability under 1986 ECPA R. DuFresne (Jan 31)