RE: RE: ECPA and eavesdropping on other people's phone c alls

[Blanchard_Michael () emc com]

 Ahhhh, so it's not just cell phone reception, it's ALL phone reception.

  So those guys that listened in and recorded then sued their neighbors over
their phone conversation should be put in jail :-)


Michael P. Blanchard 
Antivirus / Security Engineer, CISSP, GCIH, MCSE, MCP+I 
Office of Information Security & Risk Management 
EMC ² Corporation 
4400 Computer Dr. 
Westboro, MA 01580 


-----Original Message-----
From: funsec-bounces () linuxbox org [mailto:funsec-bounces () linuxbox org] On
Behalf Of Richard M. Smith
Sent: Friday, February 24, 2006 10:04 AM
To: funsec () linuxbox org
Subject: [funsec] RE: ECPA and eavesdropping on other people's phone calls

The relavent Federal law is something called the Electronic Communications
Privacy Act or ECPA.  Here's the text:

http://floridalawfirm.com/privacy.html

The law is a bit complicated to follow, but my reading is that it is illegal
in most cases to listen to or disclose the contents of wired or wireless
telephone conversations.

Cordless phones are explicitly mentioned in this section:

(ii) if the communication is the radio portion of
a   cellular   telephone  communication,  a  cordless   telephone
communication that is transmitted between the cordless  telephone
handset  and  the base unit, a public land mobile  radio  service
communication  or  a paging service communication,  the  offender
shall be fined under this title.

Richard

-----Original Message-----
From: funsec-bounces () linuxbox org [mailto:funsec-bounces () linuxbox org] On
Behalf Of Blanchard_Michael () emc com
Sent: Friday, February 24, 2006 9:44 AM
To: dparis () w3works com; funsec () linuxbox org
Subject: RE: [funsec] Amish Teen illegally wiretaps neighbors Phone

 Yes, absolutely picking up any broadcast of any kind is not illegal (well,
analog cell phone band is a different story in the US).  That's not my
concern, it's the fact that someone can be sued like that.

  There is also the issue that neither party of the conversation was aware
that they were being recorded.  Usually audio recordings like that require a
court order, or one party of the conversation has to be aware they are being
recorded.  Although it was broadcast in the clear....

  Just bugs me I guess....  


Michael P. Blanchard
Antivirus / Security Engineer, CISSP, GCIH, MCSE, MCP+I Office of
Information Security & Risk Management EMC ² Corporation 4400 Computer Dr. 
Westboro, MA 01580 

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