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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...

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


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 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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