Re: A Chance Encounter with Brad Templeton, of ClariNet

[Black Unicorn <unicorn@access.digex.net>]

On Tue, 22 Nov 1994, Adam Philipp wrote:

> >> (For one thing, the ECPA protects the mail, and allows the machine
> >> owner to adopt a "hands off" stance. For another, an "abused account"
> >> can simply and quickly be killed, with new ones taking its place!
> >> Think of the benefits.)
> >>
> >I'm not sure the ECPA provides the protection you want here.  I'll have 
> >to look again, and do not assert this as certain, because I'm only 
> >pulling of the top of my head what I remember from a quick scan of the 
> >Steve Jackson Games opinion.
> >
> >Anyone want to repost it?  I recall it limited the ECPA in some 
> >interesting way, and I remember being offened, and not surprised at the 
> >narrow reading.
> 
>      The ECPA offers two levels of protection to e-mail, transmitted e-mail
> and stored e-mail. The some mail on Illuminati (Steve Jackson's BBS) had
> been sent but had not been read by the intended recipients. The the first
> trial found that the there had been a violation of the ECPA with regard to
> the section on stored mail, but not on transmitted mail. It narrowly defined
> the transmitted section to include only interception contemporaneous with
> transmission with the e-mail. Sine the mail had been sitting around on the
> hard disk, the court refused to call it interception.

Yes, this is what I meant exactly.  I see it has less application to Mr. 
May's post than I thought.  I only remembered a narrow reading of 
interception.  Thanks for clairifying.


> 
>      If anyone really cannot find a copy of the ECPA I can go search for my
> ASCII edition, but right now I only have a hard copy lying around somewhere
> on this desk.

No no, I wanted the Jackson Opinion.  My fault for not being clear, but 
you cleared it up.


>      Adam
> 
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