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- Path: sparky!uunet!cis.ohio-state.edu!zaphod.mps.ohio-state.edu!news.acns.nwu.edu!telecom-request
- Date: Thu, 19 Nov 92 11:26:21 EDT
- From: Jerry Leichter <leichter@lrw.com>
- Newsgroups: comp.dcom.telecom
- Subject: Cordless Phone Users Gain Some Privacy Rights
- Message-ID: <telecom12.862.8@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 862, Message 8 of 8
- Lines: 62
-
- Cordless telephone users, whose conversations have been easy prey for
- electronic eavesdroppers, finally won a degree of privacy in a federal
- appeals-court ruling.
-
- The Fifth U.S. Circuit Court of Appeals, in a criminal case, said that
- when such phone users reasonably expect their conversations to be
- private, the government can't listen in. But the court said the
- Fourth Amendment privacy right must be evaluated case by case,
- depending on such factors as whether the phone user had sought privacy
- by purchasing devices intended to foil eavesdroppers or by using
- phones known to be more difficult to tap.
-
- The ruling is apparently the first in which a federal court has
- allowed cordless-phone users any privacy rights. Previously, other
- appeals courts have said the phones are so easy to eavesdrop on --
- with an AM/FM radio or even with another cordless phone -- that any
- expectation of privacy was ridiculous.
-
- The Eight U.S. Circuit Court of Appeals ruled in the late 1980s that
- eavesdropping was allowed, and the U.S. Supreme Court declined to
- review the decision.
-
- The New Orleans court noted that the previous opinions are all several
- years old, and that the technology has since advanced in the $1.39
- billion cordless-phone market. Some phones on store shelves now, for
- instance, come with scrambling devices made to combat high-tech
- eavesdroppers. Other phones work within shorter ranges, so their
- frequencies can't be as easily intercepted as they were in the past.
- More than 18 million cordless phones are expected to be sold this
- year ...
-
- "The reasonableness of expectations of privacy for a cordless phone
- conversation will depend, in large part, upon the specific telephone
- at issue," the court said. It declined to spell out the technological
- features it considered most relevant.
-
- [The actual drug conviction, based on information recorded by a
- neighbor, was upheld since no evidence about the phone had been
- introduced.]
-
- Privacy-rights lawyers applauded the broader ruling, which they said
- is a step toward preventing eavesdropping by private citizens as well
- as police. The lawyers noted that cellular-phone conversations
- already are protected [though technically they are as easy to
- intercept.] ...
-
- [N]ow that cordless phones are more secure, they should be treated the
- same as cellular phones, Ms. [Janlori] Goldman [of the ACLU] said.
- "People who use these different kinds of phones do not make these
- kinds of distinctions," she said. "One circuit is willing to
- recognize that this might be an absurd distinction." ...
-
- [For those interested, the case citation is U.S. vs. David Lee Smith,
- Fifth U.S. Circuit Court of Appeals, New Orleans, 91-5077.
-
- Can we expect future Willie Horton's who beat the rap to get hired by
- the maker of their phone to tout it as "private -- and a court agreed?"]
-
-
- Jerry
-
-