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- Path: sparky!uunet!caen!zaphod.mps.ohio-state.edu!news.acns.nwu.edu!telecom-request
- Date: Tue, 17 Nov 1992 01:27:28 EST
- From: FZC@CU.NIH.GOV
- Newsgroups: comp.dcom.telecom
- Subject: Is Caller-ID an Illegal Trap and Trace?
- Reply-To: TDARCOS@MCIMAIL.COM
- Message-ID: <telecom12.857.9@eecs.nwu.edu>
- Organization: TELECOM Digest
- Sender: Telecom@eecs.nwu.edu
- Approved: Telecom@eecs.nwu.edu
- X-Submissions-To: telecom@eecs.nwu.edu
- X-Administrivia-To: telecom-request@eecs.nwu.edu
- X-Telecom-Digest: Volume 12, Issue 857, Message 9 of 11
- Lines: 30
-
- I would like to point out something that I noticed more than a year
- ago when I was wading through the Electronic Communications Protection
- Act, the law that (it is claimed) makes it illegal to intentionally
- listen to a cellular phone. I noticed another thing which I noted,
- and no one seemed to dispute.
-
- According to the ECPA, a "trap and trace device" is a device that is
- used for the purpose of picking up someone's phone number who is
- calling the line the T&T is on, is illegal without a court order.
-
- If this is a correct interpretation, it means that the decisions in
- various states about Caller-ID are all irrelevant since this Federal
- law has made any caller ID box illegal (except for calls which are not
- "in interstate commerce.").
-
- I'm waiting for some slick attorney who has a client who was caught
- with a Caller-ID box raise ECPA to not only have the evidence of calls
- excluded, but have the victim charged with a civil suit of violating
- the ECPA for installing an illegal trap and trace device without a
- court order, which if I remember, ECPA allows civil damages as high as
- $10,000.
-
- Not fun.
-
-
- Paul Robinson -- TDARCOS@MCIMAIL.COM
- These (uninformed) opinions are my responsibility alone, no one
- else is (stupid enough to be) responsible for them.
-
-