E-Mail Snooping Ruled Permissible

Thu Jul 1 15:02:09 UTC 2004

James Edwards wrote:
> 
> It seems to me all the court said is you cannot use the Wire Tap Act
> in a case that the communication is not on the wire. 

That is, at any time (the phrase "seconds or mili-seconds" [sic]) that 
the transmission is not actually on a wire.

Switches, routers, and any intermediate computers are fair game for 
warrantless wiretaps.

> The court did note
> the they felt this Act needs updating. They indicated the Act was very specific
> and they did not feel extending the Act to cover e-mail in the conditions mentioned
> was something they could do, without new law to guide them.
> 
> The court did not rubber stamp "e-mail snooping". This case can be argued on other
> grounds. But many of those seem to be a grey areas.
> 
Obviously, you didn't read the opinion.  Most important, read the 
very nicely written dissent.  The dissenting judge used the correct 
terms, referenced RFCs, and in general knew what he was talking about -- 
unlike the 2:1 majority!

http://www.ca1.uscourts.gov/pdf.opinions/03-1383-01A.pdf
  "... Under Councilman's narrow interpretation of the Act, the 
  Government would no longer need to obtain a court-authorized wiretap 
  order to conduct such surveillance. This would effectuate a dramatic 
  change in Justice Department policy and mark a significant reduction 
  in the public's right to privacy. 

  "  Such a change would not, however, be limited to the interception 
  of e-mails. Under Councilman's approach, the government would be free 
  to intercept all wire and electronic communications that are in 
  temporary electronic storage without having to comply with the Wiretap 
  Act's procedural protections. That means that the Government could 
  install taps at telephone company switching stations to monitor phone 
  conversations that are temporarily "stored" in electronic routers 
  during transmission. "
  [page 51-52]
-- 
William Allen Simpson
    Key fingerprint =  17 40 5E 67 15 6F 31 26  DD 0D B9 9B 6A 15 2C 32