[Mimedefang] email wire tap

Stephen Smoogen smoogen at lanl.gov
Tue Mar 16 18:27:18 EST 2004


On Tue, 2004-03-16 at 10:15, Michael Sofka wrote:
> On Tuesday 16 March 2004 10:43, Charles Mount wrote:
> > Thanks everyone.   As a follow-up, with add_recipient or resend_message, is
> > the new recipient obvious to the other recipients, or is it like a bcc?
> >
> > As background on the legal issues; it is clear that legally the company not
> > the employee is the owner of the office computer and all its contents
> > including the email.  The place where the email administrator has to be
> > careful is in being sure that the request comes from proper authority
> > within the company.
> 
> Careful.   There are 50 states in the US, and they each has its own
> ``wiretap'' statutes.  Some states, such as NY, are "single party permission,"

First I think this usually comes down to lawyers. Since none of us are
lawyers it is just the usual internet exercise to look at whether

A) Federal Wiretap rules trump state
B) Wiretap rules cover electronic email
C) What a company can and cannot do with its own equiptment due to the
   fact that the employee usually signs away all privacy rights that
   they might have had when they got employed. 

D) Whether the various loopholes and exceptions for the phone company
where it can listen in and record phone conversations.

If your companies legal department gives the ok to copy emails etc then
make sure you get it in writing.

-- 
Stephen John Smoogen		smoogen at lanl.gov
Los Alamos National Lab  CCN-5 Sched 5/40  PH: 4-0645
Ta-03 SM-1498 MailStop B255 DP 10S  Los Alamos, NM 87545
-- So shines a good deed in a weary world. = Willy Wonka --



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