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Status: RO From: Somebody To: "R. A. Hettinga" <[EMAIL PROTECTED]> Subject: Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period (was Re: BNA's Internet Law News (ILN) - 2/27/03) Date: Sun, 2 Mar 2003 14:09:05 -0500 Bob, Technically, since their signal speed is slower than light, even transmission lines act as storage devices. Wire tapping is now legal. <Somebody> ----- Original Message ----- From: "R. A. Hettinga" <[EMAIL PROTECTED]> To: Clippable <[EMAIL PROTECTED]> Sent: Sunday, March 02, 2003 3:04 PM Subject: Re: Wiretap Act Does Not Cover Message 'in Storage' For Short Period (was Re: BNA's Internet Law News (ILN) - 2/27/03) > > --- begin forwarded text > > > Status: RO > Date: Sun, 02 Mar 2003 14:27:00 -0500 > To: Tim Dierks <[EMAIL PROTECTED]>, "R. A. Hettinga" <[EMAIL PROTECTED]>, > [EMAIL PROTECTED] > From: "Ronald L. Rivest" <[EMAIL PROTECTED]> > Subject: Re: Wiretap Act Does Not Cover Message 'in Storage' For Short > Period (was Re: BNA's Internet Law News (ILN) - 2/27/03) > > > Yes, I was amazed at this ruling as well. > > This ruling seems to fly in the face of the likely intent of > Congress when it passed Wiretap Act. > > If things continue in this direction, we will soon have > rulings and regulations that say: > > -- Carriers must put all calls in storage for a minimum > period of time, sufficient to allow wiretapping. > (Indeed, regulation may not be necessary, as digitization and > buffering of communications is common practice; the > transient use of storage to effect communications > efficiency and reliability should not provide a wiretap > loophole.) > > -- Wiretapping is OK for any phone calls that are routed > through a satellite. > > -- It is OK for the government to house soldiers in your > house, as long as there is even the tiniest opening somewhere in > your house (e.g. a window open, or a chimney flue) > so that "inside" and "outside" connect. > > -- Etc. > > I can also see a market developing for "storage-free" communications > carriers. What happens when you inquire of your carrier as to > whether it can provide such a guarantee or option? > > Cheers, > Ron > > At 09:42 PM 3/1/2003, Tim Dierks wrote: > >At 01:39 PM 2/27/2003 -0500, R. A. Hettinga wrote: > >>At 9:01 AM -0500 on 2/27/03, BNA Highlights wrote: > >> > WIRETAP ACT DOES NOT COVER MESSAGE 'IN STORAGE' FOR SHORT > >> > PERIOD > >> > BNA's Electronic Commerce & Law Report reports that a > >> > federal court in Massachusetts has ruled that the federal > >> > Wiretap Act does not prohibit the improper acquisition of > >> > electronic communications that were "in storage" no matter > >> > how ephemeral that storage may be. The court relied on Konop > >> > v. Hawaiian Airlines Inc., which held that no Wiretap Act > >> > violation occurs when an electronic communication is > >> > accessed while in storage, "even if the interception takes > >> > place during a nanosecond 'juncture' of storage along the > >> > path of transmission." Case name is U.S. v. Councilman. > >> > Article at > >> > <http://pubs.bna.com/ip/BNA/eip.nsf/is/a0a6m6y1k8> > >> > For a free trial to source of this story, visit > >> > http://web.bna.com/products/ip/eplr.htm > > > >This would seem to imply to me that the wiretap act does not apply to any > >normal telephone conversation which is carried at any point in its transit > >by an electronic switch, including all cell phone calls and nearly all > >wireline calls, since any such switch places the data of the ongoing call > >in "storage" for a tiny fraction of a second. > > > > - Tim > > > > > > > >--------------------------------------------------------------------- > >The Cryptography Mailing List > >Unsubscribe by sending "unsubscribe cryptography" to > >[EMAIL PROTECTED] > > Ronald L. Rivest > Room 324, 200 Technology Square, Cambridge MA 02139 > Tel 617-253-5880, Fax 617-258-9738, Email <[EMAIL PROTECTED]> > > --- end forwarded text > > > -- > ----------------- > R. A. Hettinga <mailto: [EMAIL PROTECTED]> > The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> > 44 Farquhar Street, Boston, MA 02131 USA > "... however it may deserve respect for its usefulness and antiquity, > [predicting the end of the world] has not been found agreeable to > experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire' > --- end forwarded text -- ----------------- R. A. Hettinga <mailto: [EMAIL PROTECTED]> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire' --------------------------------------------------------------------- The Cryptography Mailing List Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]