Full Disclosure mailing list archives
Re: You shady bastards.
From: Tim <tim-security () sentinelchicken org>
Date: Wed, 6 Jun 2007 11:16:31 -0400
Spare me and the list...
Spare you what? If this is somehow off topic, please elaborate.
/ * SNIPPED * / What about an employer's right to read e-mails as they come in? As they hit the inbound server? ... If the e-mail is not subject to the consent of all parties, and one of the parties (either the sender or recipient) lives in a jurisdiction that mandates all party consent, then this could be an unlawful interception under state law. (Federal law requires only one party consent.) http://www.securityfocus.com/print/columnists/412 *NOTE Federal Law* /* END SNIP * /
Right, so under federal law, single party consent is sufficient. If HD didn't consent, and the former employee currently doesn't consent (i.e. consent under the AUP or other agreements has expired), then it could be illegal. That, or if the person reading the stored communications is not authorized by the company, then they would be personally liable. Your conjecture that it's legal because the employer somehow owns the communication or the networks it travels over is completely bogus. The recipient is this email user, not the company.
Or search ... Nancy K. Garrity, et al. v. John Hancock Mutual Life Ins. Co
Yup just looked this up. This was thrown out because Nancy consented under JH's email privacy policy. I don't see how this conflicts with my argument. tim _______________________________________________ Full-Disclosure - We believe in it. Charter: http://lists.grok.org.uk/full-disclosure-charter.html Hosted and sponsored by Secunia - http://secunia.com/
Current thread:
- You shady bastards. H D Moore (Jun 06)
- Re: You shady bastards. Tim (Jun 06)
- Re: You shady bastards. Stack Smasher (Jun 06)
- Re: You shady bastards. J. Oquendo (Jun 06)
- Re: You shady bastards. Tim (Jun 06)
- Re: You shady bastards. J. Oquendo (Jun 06)
- Re: You shady bastards. Tim (Jun 06)
- Re: You shady bastards. J. Oquendo (Jun 06)
- Re: You shady bastards. Tim (Jun 06)
- Re: You shady bastards. J. Oquendo (Jun 06)
- Re: You shady bastards. Tim (Jun 06)
- Re: You shady bastards. matthew wollenweber (Jun 06)
- Re: You shady bastards. Dude VanWinkle (Jun 06)
- Re: You shady bastards. Larry Seltzer (Jun 06)
- Re: You shady bastards. Dude VanWinkle (Jun 06)
- Re: You shady bastards. Larry Seltzer (Jun 06)