more ISP random monitoring of email Re: US vs Councilman 03-1383 Re: Addendum III(this is the end for now)Re: Addendem II Re: Addendum Re: The legal basis for Service monitoring Title 18 Section 2702.6A Re: Why TOR Operators SHOULD always sniff their exit traffic...

[tor]

this is yet another legal opinion on the issue of warrant less 
interception of email via ISP being forwarded to law enforcements
legality.


  The John Marhsall Journal<br>of<br>Computer & Information Law<hr>A
  publication of the Center for Information Technology and Privacy Law
  of<br>The John Marshall Law School

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  Comments


    The Fourth Amendment and the Wiretap Act Fail to Protect Against
    Random ISP Monitoring of E-mails for the Purpose of Assisting Law
    Enforcement


      Byline:

		


        Jim W. Ko


      Issue:

		


        VOL. XXII • Winter 2004 • NO. 2 (table of contents)
        <http://www.jcil.org/journal/issue/62.html>

Order this issue <http://www.jcil.org/journal/subscribe/order.html?vol=62>


      Abstract:

		


        This article takes the position that the Wiretap Act and the
        Electronic Communications Privacy Act (ECPA) does little to
        provide protection against internet service providers (ISPs)
        that randomly monitor e-mails for the purpose of turning over
        evidence of criminal activities to law enforcement officials.
        The article provides a background to the special privacy issues
        that arise in the context of computer technology and ISPs. An
        analysis of the Wiretap Act, as amended by the ECPA, reveals
        that an implicit statutory prohibition against random
        surveillance by ISPs for the purpose of assisting law
        enforcement does in fact exist. Further, remedies for violations
        of this provision are deficient because of many exceptions, and
        because criminal sanctions and the exclusionary rule are not
        included. Recent court decisions are analyzed which collectively
        suggest that the Fourth Amendment does not protect against
        evidence obtained from ISP surveillance. Finally, the article
        concludes by providing suggestions as to how the public’s
        privacy interests against random ISP monitoring can and should
        be protected.


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