[53935] in North American Network Operators' Group

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Re: Networking in Africa...

daemon@ATHENA.MIT.EDU (David Schwartz)
Tue Dec 3 13:42:30 2002

From: David Schwartz <davids@webmaster.com>
To: <David.Charlap@marconi.com>, <nanog@merit.edu>
Date: Tue, 3 Dec 2002 10:41:56 -0800
In-Reply-To: <3DECCD75.2060109@marconi.com>
Errors-To: owner-nanog-outgoing@merit.edu



On Tue, 03 Dec 2002 10:27:49 -0500, David Charlap wrote:

>I don't know what (if any) legal right of privacy is in Nigeria,=
 but I
>would suspect that a publicly posted policy notice (like=
 "management
>reserves the right to monitor all traffic" and a strict TOS=
 policy)
>should mitigate any legal concerns about doing this.

=09My experience has been that it is illegal in most countries and=
 generally 
considered unethical to intercept the communications of third=
 parties without 
their knowledge. Notifying people that you reserve the right to=
 intercept 
their communications does not provide them with the knowledge=
 that their 
communications are being intercepted. Knowing that your=
 communications might 
be intercepted or that someone has the right to intercept them is=
 not the 
same as knowing that they *are* being intercepted.

=09If you want to do this, your notification has to be explicit. I=
 suggest, 
"You have no privacy here. Everything you are doing is being=
 logged." Notice 
that when you tell people the truth, it starts looking less like=
 what you 
wanted to do in the first place.

=09I think it's obvious that a wishy-washy "mangement reserves the=
 right to 
monitor all traffic" is an attempt to deceive your customers. I=
 strongly 
recommend not doing that.

=09DS



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