Re: Legal Liability under 1986 ECPA

["Jody C. Patilla" <jcp01 () attglobal net>]

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now been superceded by the newer Act.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


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