[45520] in Cypherpunks
Re: Is ths legal?...
daemon@ATHENA.MIT.EDU (Declan B. McCullagh)
Sun Dec 17 15:02:37 1995
Date: Sun, 17 Dec 1995 14:48:38 -0500 (EST)
From: "Declan B. McCullagh" <declan+@CMU.EDU>
To: cypherpunks@toad.com
Cc:
Disclaimer: I'm not a lawyer. Harvey is. (And a pretty damn good one, too.)
-Declan
---------- Forwarded message begins here ----------
Date: Sun, 17 Dec 1995 14:38:24 +0001 (EST)
From: Harvey A Silverglate <has@world.std.com>
Subject: Re: Is ths legal?...
To: "Declan B. McCullagh" <declan+@CMU.EDU>
In-Reply-To: <wkoy1Sq00YUvMl2sVN@andrew.cmu.edu>
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Declan -
The answer to the "is this legal?" question is more complex than
simply "private versus public" university. There are fairly strict
federal anti-wiretapping laws. It is hardly clear that a private
university may eavesdrop on students' phone or computer conversations,
even if conducted over the university's network. Furthermore, many
states have their own anti-wiretap and anti-eavesdrop laws, which are
even stricter than federal standards. I don't have the time nor the
inclination to do research into Oklahoma law, but we did some research
into this area of state and federal law for the LaMacchia case and
concluded that in its investigation of David LaMacchia, MIT very well
might have violated federal laws.
Harvey Silverglate
