> In order for Carnivore to pick up something someone receiving the
> email would, by law, have to be under surveillance (at
> least, in theory).

Unfortunately, a combination of the H. R. 3162 USA PATRIOT Act, as well as
Ashcroft's May 30, 2002 speech regarding the new rules the FBI would follow
seem to have nullified the requirement for a court order for the
surveillance of email when it's a list:

USA Patriot Act
<http://www.eff.org/Privacy/Surveillance/Terrorism_militias/20011025_hr3162_
usa_patriot_bill.html>

Ascroft speach
<http://www.usdoj.gov/ag/speeches/2002/53002agpreparedremarks.htm>

To quote:
"...for the specific purpose of detecting or preventing terrorist
activities, FBI field agents may enter public places and attend events open
to other citizens, unless they are barred from attending by the Constitution
or federal law."

Since an email list can be considered a public place, it falls under the
acceptable, warrantless monitoring rules.

-Kevin


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