[2782] in Commercialization & Privatization of the Internet
Re: The future of the Internet, a few further comments
daemon@ATHENA.MIT.EDU (Charles H Mingo)
Tue Jun 2 23:55:50 1992
From: mingo@world.std.com (Charles H Mingo)
Date: Wed, 3 Jun 1992 03:53:48 GMT
To: com-priv@psi.com
In article <9206012058.AA18685@tsx-11.MIT.EDU> eichin@ATHENA.MIT.EDU ("Mark W. Eichin") writes:
> Actually, it's because there are Federal Laws against
>wiretapping, which apply to the telephone. No such laws exist for the
>Internet (the ECPA doesn't even come close.)
Why are you so sure the ECPA doesn't apply? I have a copy of
18 USC 2510 et seq ("Wire and Electronic Communications Interception
and Interception of Oral Communications") in front of me.
Section 2511 (1) provides that...
...any person who --
(a) intentionally intercepts, endeavours to intercept, or procures
any other person to intercept, any wire, oral or electronic
communication....
shall be punished as provided in subsection (4) [one year
imprisonment per offense] or shall be subject to suit as provided
in subsection (5).
Section 2510 (12) defines "electronic communication" as
any transfer of signs, signals, writing, images, sounds, data,
or intelligence of any nature transmitted in whole or part by wire,
radio, electromagnetic, photoelectronic or photooptical system
that affects interstate or foreign commerce...
So, if I send someone email and you intercept it, you have violated the
same law which prohibits wiretapping telephones, and face the same
punishment.
--
______________________________________________________________________________
Charlie Mingo Internet: mingo@well.sf.ca.us
2209 Washington Circle #2 mingo@cup.portal.com
Washington, DC 20037 AT&T: 202/785-2089 mingo@world.std.com
