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- X-Gateway-Source-Info: INTERNET
- Path: sparky!uunet!usc!orion.oac.uci.edu!unogate!mvb.saic.com!tgv.com!info-multinet
- Date: 23 AUG 92 05:40:04 GMT
- Newsgroups: vmsnet.networks.tcp-ip.multinet
- X-Return-path: <info-multinet-relay@TGV.COM>
- X-RFC822-From: adelman (Kenneth Adelman) @ TGV.COM
- From: adelman@TGV.COM
- Subject: Re: Postmasters and privacy
- Organization: The INFO-MULTINET Community
- Message-ID: <20200CBD23AUG92054004@TGV.COM>
- Nntp-Posting-Host: Mvb.Saic.Com
- Lines: 55
-
- > I don't know that this subject properly belongs on the Multinet
- > list, but I'll try anyway. I am postmaster on my host (and by
- > default on the whole of usgs.gov). Two questions about what a
- > postmaster can/should do with regard to privacy issues:
-
- > 1) In a government installation like mine, there is a strict
- > rule that machines are to be used for government business only.
- > This is likely codified in federal law, but I know not where.
- > Similar restrictions likely also apply to commercial establishments.
- > In such an environment, if a postmaster accidentally/deliberately
- > reads the body of a mail message, could s/he properly be accused
- > of invading 'personal privacy' ? (Who's sleeping with whom does
- > not seem to be included in the category of government business,
- > current political campaigns aside).
-
- The definitive answer to this (in the United States) is found in
- the Federal Electronic Privacy Act. With the usual disclaimer of
- not being a lawyer, that I've left my copy of the act at work, and
- that if you're going to be reading electronic mail you should consult
- with one first, my understanding is that reading mail "interception of
- electronic communications" to enforce a policy or law (absent a
- warrant) is not permitted, but that under some circumstances reading
- mail for the purpose of debugging problems is permitted PROVIDED THAT
- THE CONTENTS ARE NOT DISCLOSED, unless a law is found to be broken, in
- which case the contents may be disclosed to the appropriate
- authorities.
-
- More interestingly, as a carrier of electronic communications
- you're immune from subpoena of any communication you have stored.
- Disclosure requires either the sender's or intended recipient's
- permission, or a subpoena directed at one of those two parties.
-
- Violation of the Act calls for severe criminal as well as civil
- penalties.
-
- > 2) On more than one occasion, _I_ have seen on this machine pieces
- > of mail which could neither be sent to the destination nor returned
- > to the sender. On investigation, the sender used some sort of word
- > processing package to construct the body, so there were lines as
- > long as 3000 characters. So I took the offending text into an editor
- > and placed hard carriage returns in the proper places, so as to
- > make the mail sendable. Did I invade the personal privacy of the
- > sender/receiver in so doing ?
-
- The exception for debugging purposes is worded something odd like
- "for checking line quality". Correcting a message is clearly `more'
- than checking line quality. Also consider that it may have been
- possible to correct the problem without reading the message -- in my
- mail debugging days I wrote a program which left headers intact but
- replaced the contents and "Subject" with an "X" for every uppercase
- letter, an "x" for every lowercase, and a "0" for every digit. With
- such a program you could have debugged the problem and even written a
- mechanical process to repair the mail without reading it.
-
- Ken
-