Re: Monitoring, Flow Stats (Re: spam whore, norcal-systems)

[John Fraizer <John.Fraizer () EnterZone Net>]

At 06:39 PM 2/1/99 -0500, you wrote:
> For those of you playing at home, this document can be found at:
>       http://www4.law.cornell.edu/uscode/18/2511.html
>
> This would appear to be covered in sec 18 USC 2511(2)(a)
>
> Then again, I'm no lawyer, and I really don't have the brain capacity
> to follow the threading of USC.
>
> I'm sorry if this was a boo boo move on my part.


(i) It shall not be unlawful under this chapter for an operator of a
switchboard, or an officer, employee, or agent of a provider of wire or
electronic communication service, whose facilities are used in the
transmission of a wire or electronic communication, to intercept, disclose,
or use that communication in the normal course of his employment while
engaged in any activity which is a necessary incident to the rendition of
his service or to the protection of the rights or property of the provider
of that service, except that a provider of wire communication service to
the public shall not utilize service observing or random monitoring except
for mechanical or service quality control checks. 


It would seem to me that blocking UCE to clients who have signed off on our
policy of doing so would fall under the auspices of "normal course of his
employment while engaged in any activity which is a necessary incident to
the rendition of his service or to the protection of the rights or property
of the provider of that service".


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