E-mail wiretap case to move forward

NETWORK WORLD NEWSLETTER: MICHAEL OSTERMAN ON MESSAGING
08/25/05
Today's focus: E-mail wiretap case to move forward

Dear networking.world@gmail.com,

In this issue:

* Latest in back-and-forth Interloc case
* Links related to Messaging
* Featured reader resource
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Today's focus: E-mail wiretap case to move forward

By Michael Osterman

Interloc was a Massachusetts bookselling services company that,
as part of its primary business, offered an e-mail service for
its clients. Back in 1998, the company modified its
mail-processing software to intercept messages from Amazon.com
to its e-mail subscribers so that it could learn more about its
competition and gain a competitive advantage. In late 1999, the
U.S. Department of Justice prosecuted a former vice president of
Interloc for violating federal wiretap statutes.

The District Court for the District of Massachusetts dismissed
the federal government's charges against the former vice
president, since the Stored Communications Act allows an ISP to
access its clients' stored communications. Even though Interloc
stored the messages only for a few moments, the rationale for
the decision was that Interloc copied the contents of messages
during the storage phase of their transit from Amazon.com to the
recipient.

The federal government appealed the decision, but a three-judge
panel for the First Circuit Court upheld the ruling. However, in
late 2004, all of the judges in the First Circuit agreed to
rehear the case, and earlier this month, the majority of the
judges agreed that the former vice president can be prosecuted
under federal wiretap statutes. If the U.S. Supreme Court does
not agree to hear the case, it will be tried by the District
Court.

What's the point of this case? To me, there are two key issues
at stake here.

First, the case points out the unintentionally capricious nature
of some laws designed to solve technology-related problems. For
example, in the law as it is currently written, if A sends an
e-mail message to B and ISP C tries to intercept it, C is guilty
of breaking wiretap laws if he intercepts it while the message
is being transmitted on a wire or optical fiber into or out of
C's facilities, but not if the interception occurs while C
stores the message in memory or on disk.

An "interception" of a message, therefore, is based solely on
the physical medium in which the message exists at the time it
is read by a third party, not on the intent of that third party
(although the latest court decision in this case makes more
sense than the laws as they are currently written).

Secondly, and more importantly, this case is important because
state and federal wiretaps are increasing significantly, and
this case should bring some clarity to current laws regarding
e-mail wiretaps.

The top 5: Today's most-read stories

1. Zotob worm also targets Windows XP
<http://www.networkworld.com/nlmsg5845>

2. Dr. Internet: Installing DHCP on Linux
<http://www.networkworld.com/nlmsg5846>

3. Cisco preparing management play
<http://www.networkworld.com/nlmsg5628>

4. IP PBXs outsell traditional PBXs, study says
<http://www.networkworld.com/nlmsg5847>

5. Test: Xirrus XS-3900 offers out-of-this-world Wi-Fi capacity
<http://www.networkworld.com/nlmsg5848>

Today's most-forwarded story:

IP PBXs outsell traditional PBXs, study says
<http://www.networkworld.com/nlmsg5849>

_______________________________________________________________
To contact: Michael Osterman

Michael D. Osterman is the principal of Osterman Research
<http://www.ostermanresearch.com/>, a market research firm that
helps organizations understand the markets for messaging,
directory and related products and services. He can be reached
by clicking here <mailto:michael@ostermanresearch.com>
_______________________________________________________________
This newsletter is sponosred by Akamai
Download the Network World Special Report: Accelerating
Web-based Applications: Managed Services Offer Benefits Without
Infrastructure Headaches

Look at most companies and you'll find one thing in common, a
move to Web-enable mission critical applications. A new breed of
managed services, aimed directly at accelerating performance and
availability of Web-based applications, helps companies attain
their goals of profit and growth - no matter how far or wide the
audience they are trying to reach. Learn how Web-based
applications can allow your company to boost the bottom line.
Download this Special Report today!
http://www.fattail.com/redir/redirect.asp?CID=110771
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challenges emerging in your evolving enterprise IT architecture.

http://www.fattail.com/redir/redirect.asp?CID=110743
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FEATURED READER RESOURCE
IT STAFF SHORTAGE LOOMING

Outsourcing. Automation. Downsizing. The industry has been awash
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it? Click here:
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