ECPA and Remailers?

[hfinney@shell.portal.com (Hal Finney)]

Not being a lawyer (despite my recent spate of "legal" posts, which were
based on several hours browsing through the library), I wonder whether any
provisions of the ECPA would apply to anonymous remailers.  Several
operators keep logs of messages and read them, occasionally rebuking
or perhaps even blocking users who send inappropriate messages.  (As
far as I know, no cypherpunks have done blocking, but other remailer
operators have.  Several cypherpunks have said they read messages.)

My feeling is that it is better for me as a remailer operator to have as
little to do with the content of the messages as possible.  I just don't
want to know.  If someone complains I will have, to the best of my ability,
NO POSSIBILITY of breaking the anonymity of the message they were upset
about.  Paradoxically, this very blindness to the content of messages
will, I hope, protect me if and when abusive or illegal messages are sent.

Frankly, I find it paradoxical for remailer operators to try to keep
secret information which will allow them to break the very service they
are providing, anonymity.  I think it represents confusion about just what
they are trying to accomplish.  And I think it could even get them into
trouble if illegal messages go through their systems.  Like the Fido sysops,
in trying to protect themselves they may be exposing themselves to even
more liability.

Hal Finney
hfinney@shell.portal.com