[comp.misc] Eroding Freedoms

vail@tegra.UUCP (Johnathan Vail) (06/03/89)

In article <11853@well.UUCP> dave@well.UUCP (Dave Hughes) writes:

   You may flip off th eElectronic Privacy Act as 'badly designed' but
   it sure is better than the total vacuum which preceeded it. One
   woman lawyer in the midwest was a user of a bulletin-board. She got
   into a dispute witht he Sysop, via private mail to him. He made
   their private correspondence public online. She sued him under
   the EPCA for $50,000. The betting is she will win. 
Under Civil law you can sue anybody for anything.  The ECPA has
nothing to do here.  The ECPA may allow criminal proceedings against
him though.
     The EPCA is quite enforcable on computer systems. 
     And it *ALSO* insures that the local police deaprtment cannot
   call me up and say "hey we suspect this guy of doing bad things.
   Turn over your tapes to us."  They would, according to the terms
   of the law, go to court, show probable cause, and depend on whether

I don't believe they could order you arbritrarily to give your tapes
to them before ECPA either.
   a judge agreed with them enough to approve a warrant. Which is the
   only instument I have to honor. 
     It also says that, as a sysop, I *may*, if I detect illegal
   activites online, turn that over to law enforcement. I am not
   compelled to. 
     I say that is pretty sensible start on electronic privacy.
     As for cordless phones - pretty tough to 'include' them when
   they can be intercepted and there is no encrptian of the traffic.

THEN WHY ARE CELLULAR PHONES ILLEGAL to listen to?  Exact same thing
technically.  Just that the ECPA was warped by the cellular lobbies
for their own greedy purposes.

   Which means it is public by definition. Anybody *accidentally* can

THERE IS NO TECHNICAL DIFFERENCE between listening to cellular phones
and cordless phones.  Cellular may be easier to accidentally listen to
since the older UHF TV tuners will receive there.
Who's definition?  By legal definiton it is now illegal to listen to
cellular phones.  I believe that any signal you can recieve is fair
game.  There were laws already making it illegal to disclose this
information or to profit directly by it.  The ECPA was unneeded, badly
concieved and restricts individual freedom.

   intercept it. (which means, if they were included, the accidental
   interception would be illegal. *That* is pretty stupid.)
   Dave Hughes
   dave@oldcolo.uucp

"Live Free or Die, Death is the lesser of the two evils" -- General John Stark
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