Re: Another round of viruses - encrypted this time

[mike808@users.sourceforge.net]

> mike808@users.sourceforge.net wrote:
> [...]
> >... except that Congress granted the
> > Postmaster the specific right to inspect any mail.
> 
> Well, there you go.  Mail to "postmaster" goes to me, therefore I'm the 
> Postmaster and can inspect any mail.  I'm glad that we finally agree. ;)

I believe that Congress specified United States Postal Service Postmasters. Not
anyone who fancies themselves master of their domain. :=) 

> Reading over the page at 
> http://www.usdoj.gov/criminal/cybercrime/1030_anal.html, it becomes 
> clear that the law distinguishes based on intent.  Obtaining information 
> from any computer system by an authorized user (aka me, the sysadmin) is 
> not a crime as long as any damage caused is unintentional.

You know what's the nasty part of this law? Any "authorized" user gets to decide
who is and who isn't an "authorized user" -- and this is the good part -- *AFTER
THE FACT*.

i.e. I can claim everyone is authorized (like put a webserver on the internet 
that responds to requests from anyone), unless I find out you did something I 
don't like (like sent me an unplanned-for URL that makes my webserver do bad
things), in which case I get to *retro-actively* determine you are
"unauthorized" and therefore committed a crime. Ain't this just peachy?

> However, since none of the computing facilities that I maintain are 
> available to the public 

Really? I bet your internet connection is considered "available to the public".
Unless this mail network is just among you and your friends and it is not
possible to send or receive email with any outside "public" entity. The example
was likely emails between the Anderson folks and other Anderson folks, and UOP
was not acting as a "general ISP" for the Anderson folks under contract.

I'd bet your friends are using your "service" for exactly what it is - an email
service available to the public - to send email between your friends and the
public. If it walks like a duck, quacks like a duck, floats like a duck, then
she's a witch! Burn her!

> Telephone conversations are not electronic conversations because 
> they contain human voice and are transmitted by sound waves.  They have 
> different laws.

I wonder what that means for VOIP?

> The really scary part of the ECPA is that there's no remedy for 
> violation the law.  So, if the cops go to your ISP and read your email, 
> find out that you're gonna kill the mayor, and decide to prosecute - 
> that evidence is admissible in court even though it was obtained 
> unconstitutionally (AKA without a warrant/subpoena).  That's just evil.

Welcome to the U.S. of A., pal. These laws are from the same people that don't
believe you have constitutional rights if they *determine* you don't, no matter
what your birth certificate, passport, or voting record say. They're the same
folks that don't "get it" that dissent and anonymity are hallmarks of a truly
free society, and to be valued.

Patriotism is the last refuge of the scoundrel. -- Samuel Johnson

> However, I'm pretty sure that I'm right.

I'm pretty sure you enjoy that, almost as much as you enjoy pointing it out,
too. :=)

Mike/

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