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Re: You shady bastards.
From: Tim <tim-security () sentinelchicken org>
Date: Wed, 6 Jun 2007 11:40:36 -0400

Spare me and the list legalities. One it is slightly offtopic then again 
this is fd so I retract.

That entire argument and any thread arising from what is legal and what 
is not is likelier
to be answered, dissected, studied on a legal forum.

I agree that the subscribers to FD are not the best crowd to discuss
legal issues with.  This will be my last post on the matter.


Laws are not about what could or should. They're about what's written.

Exactly.  That and how the courts interpret them.


In this case, he sent
an email to someone's former workplace. The worker was not there, the 
employer obviously
read the email. So the questions to ask should be 1) HD didn't give 
consent, did/does the
employer have something written to their employees which states the 
monitoring of email.
If they do, case closed there is the one party federal consent.

As mentioned multiple times by multiple posters, but apparently eluded
your reading, the recipient's consent:

 A) May have never been given
 B) May have expired with the employment contracts
 C) May not apply at all if the monitoring party was not given
    authorization by the company

Secondly, did HD specify in his email any legalities of unauthorized 
reading. No.

These laws don't require senders or recipients to opt out of monitoring.
PERIOD.

Thirdly, you need to realize what you've stated and your 
misinterpretation of the law.
ECPA protects against INTERCEPTION. No interception occurred here, the mail
was delivered to a recipient.

FALSE.  ECPA applies to stored communication after delivery Wiretap act
applies to communication in transit and therefore interception.  Maybe
you should review the overturned ruling on United States v. Councilman
again.


"Wise men talk because they have something to say;
fools, because they have to say something." -- Plato

Maybe you should follow the advice of your own sig quote.

tim

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