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Article #317

Re: E-mail Privacy

#317
From: Khushro Shahookar
Date: Sun, 26 May 1991 20:10
40 lines
2259 bytes
>ECPA of 1986
>  CHAPTER 121.  STORED WIRE AND ELECTRONIC COMMUNICATIONS AND 
>                  TRANSACTIONAL RECORDS ACCESS 

This does not give any thing of much use for protecting privacy.
We know that computer privacy should be protected, but the law 
is not powerful enough to guarantee that. I guess the words 
"electronic communication in electronic storage in an electronic 
system" can be stretched to include email, although the excerpts
have not mentioned the words "computer" or "mail" one single time.

>(a) Offense. Except as provided in subsection (c) of this section

Note the exceptions the violators can worm their way into.

>    (1) intentionally accesses without authorization a 
>facility through which an  electronic communication service is 
>provided; or

The key here is "without authorization". The boss can authorize 
any thing in a company, since he owns the company and the computers.
So how do you determine what is autorized and what is unauthorized? 

>(c) Exceptions. Subsection (a) of this section does not apply with
>respect to conduct authorized- 
>    (1) by the person or entity providing a wire or electronic 
>communications service; 

Who is providing the email service? Is it the system administrator? 
If so, the law says that he can read any one's mail. It is kind of 
like no privacy from the mail man. Is the company's boss, or the 
company itself providing the email service, along with all the computer 
equipment? if so, then the boss can have any one's email read. That is 
like saying that the federal government can read any one's US mail, since
it is providing the service.


-KHUSHRO

So much news,  so little time ...
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References: <15110@ccncsu.ColoState.EDU> <1991May23.220650.22607@unlinfo.unl.edu>

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Path: arc1-ca.pugleaf.net!utzoo!utgpu!news-server.csri.toronto.edu!rpi!dali.cs.montana.edu!caen!caen.engin.umich.edu!khushro
From: khushro@caen.engin.umich.edu (Khushro Shahookar)
Newsgroups: comp.admin.policy,comp.unix.admin
Subject: Re: E-mail Privacy
Message-ID: <W.3+.!J@engin.umich.edu>
Date: 26 May 91 20:10:12 GMT
References: <15110@ccncsu.ColoState.EDU> <1991May23.220650.22607@unlinfo.unl.edu>
Reply-To: khushro@caen.engin.umich.edu (Khushro Shahookar)
Distribution: usa
Organization: University of Michigan Engineering, Ann Arbor
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