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- Xref: sparky comp.org.eff.talk:8300 alt.comp.acad-freedom.talk:3851 comp.security.misc:2437 alt.privacy:2839 alt.society.civil-liberty:7255
- Newsgroups: comp.org.eff.talk,alt.comp.acad-freedom.talk,comp.security.misc,alt.privacy,alt.society.civil-liberty
- Path: sparky!uunet!spool.mu.edu!enterpoop.mit.edu!eff!mnemonic
- From: mnemonic@eff.org (Mike Godwin)
- Subject: Re: Boycotting CERT because of the keystroke monitoring advisory?
- Message-ID: <1993Jan5.045608.13381@eff.org>
- Originator: mnemonic@eff.org
- Sender: usenet@eff.org (NNTP News Poster)
- Nntp-Posting-Host: eff.org
- Organization: Electronic Frontier Foundation
- References: <1993Jan4.212439.4278@nntp.hut.fi> <1ib0grINNhq3@early-bird.think.com>
- Date: Tue, 5 Jan 1993 04:56:08 GMT
- Lines: 31
-
- In article <1ib0grINNhq3@early-bird.think.com> barmar@think.com (Barry Margolin) writes:
-
- >We passed the CERT advisory on to our company lawyer. His opinion is that
- >the warning notice is unnecessary. The warning is based on wiretapping
- >statutes, which do not require a warning if the recording is being
- >performed by one of the parties to the conversation. He believes that when
- >someone connects to one of our computers, our company is one of the
- >parties, and therefore the company may record the conversation.
-
- Barry, I think your company lawyer has made a mistake. Assuming that you're
- talking about tapping a phone conversation in Massachusetts, the law of the
- commonwealth bars this kind of conduct, even though federal law does not.
- The only way around this is if there is some reason to believe that a
- computer-based conversation would be treated differently from a more
- traditional phone tap, and I'm unaware of such a distinction.
-
- Note: whenever one is determining the legality of a wiretap (or
- equivalent), one must consult both federal and state law. State law is
- often more restrictive.
-
-
- --Mike
-
-
-
-
- --
- Mike Godwin, |"I'm waiting for the one-man revolution
- mnemonic@eff.org| The only one that's coming."
- (617) 864-0665 |
- EFF, Cambridge | --Robert Frost
-