Re: Disturbing statistics on wiretaps

[Mike Godwin <mnemonic@eff.org>]

Stig writes:
 
> It should be noted that although it is illegal for the cops/feds/spooks to tap
> phone lines without a warrant, only illegally-obtained voice communications
> are inadmissible in court.  This means that fax and modem communications can
> be illegally intercepted and STILL used in court against you.

The same is true of e-mail over the Internet--there is no statutory
exclusionary rule that would prvent its admissibility in court. It is at
least theoretically possible, however, to exclude illegally seized
communications of these sorts using a "pure 4th Amendment" (nonstatutory)
exclusionary rule.

Don't hold your breath, though.


--Mike