[49104] in North American Network Operators' Group

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Re: packet inspection and privacy

daemon@ATHENA.MIT.EDU (batz)
Mon Jun 24 14:18:14 2002

Date: Mon, 24 Jun 2002 14:07:57 -0400 (EDT)
From: batz <batsy@vapour.net>
To: Mark Kent <mark@noc.mainstreet.net>
Cc: nanog@merit.edu
In-Reply-To: <200206241631.g5OGVw2q037988@noc.mainstreet.net>
Errors-To: owner-nanog-outgoing@merit.edu


On Mon, 24 Jun 2002, Mark Kent wrote:

:I recently claimed that, in the USA, there is a law that prohibits an
:ISP from inspecting packets in a telecommunications network for
:anything other than traffic statistics or debugging.

A similar sentiment was expressed in a presentation at a conference 
recently by a lawyer, in regards to Canadian law.  He(?) suggested
that IDS in its current form contravened data interception laws, and 
maybe some labour laws, I can't remember off hand.  

Also, debugging and meta-data (mail and packet headers) may be 
an exception, but only because of of a possible interpretation of this
meta-data as equivalent to a postal address or or phone caller information.  

This may ultimately be the correct interpretation, but it will depend on 
the influence of the person whose opinion it is. :) It doesn't matter
whether you or I think that packet instpection is a legitimate form of 
network debugging. It matters whether a judge does. 

Or maybe in this case, a lawyer. 

--
batz


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