[Mimedefang] email wiretap (an additional twist).

Royce Williams royce.williams at acsalaska.net
Tue Mar 16 15:09:25 EST 2004


Michael Sofka wrote:

> We're looking into Unified Messaging (Voice over IP) from Cisco, which
> makes voice mail (recorded phone calls) available by email.  Making
> sereptitious copies of that email may be construed as a wiretap
> someday.  Likewise, if one of your users has http://www.vonage.com/,

Hmm.  (waves large IANAL sign and medium-sized "I only speak for myself"
banner)

As I understand it, the message has to be "in transit" for it to be
considered a wire tap.  Our local law enforcement had to have a search
warrant to get the contents of someone's mail spool, but a Federal
wiretap order to get us to show them packet sniffing of inbound mail.
In that context, someone's voice mail, having already arrived at the
destination, would not require wiretap-grade authorization.  A search
warrant would be sufficient to get access to it.

Ditto for email.  In theory, this means that contents of mail queues
might be construable as "in transit" in the same way that intercepting
a USPS truck requires more than a search warrant (as I recall).

Also, as I understand it, you have the right to monitor your own network
and facilities.  It's the rules/laws that govern disclosure to others
that are the clincher.

But again, I'm neither a lawyer nor speaking for anyone but me. :)

-royce

-- 
------------------------------------------------------------------------
Royce D. Williams                                    IP Engineering, ACS
work: [first.last]@acsalaska.net                  PGP: 3FC087DB/1776A531
personal: [first]@alaska.net                 http://www.tycho.org/royce/



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