OK, lawyers... here's a "get a warrant" question
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OK, lawyers... here's a "get a warrant" question
by David Lesher
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This is partially inspired by a TeeVee show, and partially
by a system I'm installing... You need a 18USC authorization for a wiretap, right? But you don't for [for lack of a widely-known, legal term..] a bug; a mike that conveys sound back to the listening post. That's different law, correct? [Oh, I should say I'm excluding the entire issue of the Administration's warrantless interception of AmCits that is being fought out in the courts....If you like; take the question date back to Y2K...] So what happens re: a bug placed inside a phone, wired or wireless; one able to thus hear both sides of the conversation by virtue of location, not electrical technology. What laws {don't} apply? Next part... You install a zuper-dooper new phone system that kindly forwards your voicemails to your email account as .wav files. What laws cover interception of those emails? {Side note: Wonder what the Bar's canons say on such and VOIP etc re: client confidentially?} -- A host is a host from coast to coast.................wb8foz@... & no one will talk to a host that's close........[v].(301) 56-LINUX Unless the host (that isn't close).........................pob 1433 is busy, hung or dead....................................20915-1433 ********************************************************************** For Listserv Instructions, see http://www.lawlists.net/cyberia Off-Topic threads: http://www.lawlists.net/mailman/listinfo/cyberia-ot Need more help? Send mail to: Cyberia-L-Request@... ********************************************************************** |
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Re: OK, lawyers... here's a "get a warrant" question
by David L. Finger
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Here is a link to a 50-state survey of the law of tape recording telephone
calls and in-person conversations: http://www.rcfp.org/taping/ The legal ethics rules vary from state to state. In Delaware, my jurisdiction, a lawyer is deemed to violate rules of professional conduct if he or she tapes the client without prior permission. David L. Finger Finger & Slanina, LLC One Commerce Center 1201 Orange Street, Suite 725 Wilmington, DE 19801-1155 (302) 884-6766 dfinger@... www.delawgroup.com ----- Original Message ----- From: "David Lesher" <wb8foz@...> To: <CYBERIA-L@...> Sent: Saturday, June 02, 2007 4:02 PM Subject: [CYBERIA] OK, lawyers... here's a "get a warrant" question > This is partially inspired by a TeeVee show, and partially > by a system I'm installing... > > > You need a 18USC authorization for a wiretap, right? > > But you don't for [for lack of a widely-known, legal term..] > a bug; a mike that conveys sound back to the listening post. > That's different law, correct? > > [Oh, I should say I'm excluding the entire issue of the > Administration's warrantless interception of AmCits that is being > fought out in the courts....If you like; take the question date > back to Y2K...] > > So what happens re: a bug placed inside a phone, wired or wireless; > one able to thus hear both sides of the conversation by virtue > of location, not electrical technology. What laws {don't} apply? > > > > > Next part... You install a zuper-dooper new phone system that > kindly forwards your voicemails to your email account as .wav > files. What laws cover interception of those emails? > > {Side note: Wonder what the Bar's canons say on such and VOIP > etc re: client confidentially?} > > > > > > > > -- > A host is a host from coast to coast.................wb8foz@... > & no one will talk to a host that's close........[v].(301) 56-LINUX > Unless the host (that isn't close).........................pob 1433 > is busy, hung or dead....................................20915-1433 > > > ********************************************************************** > For Listserv Instructions, see http://www.lawlists.net/cyberia > Off-Topic threads: http://www.lawlists.net/mailman/listinfo/cyberia-ot > Need more help? Send mail to: Cyberia-L-Request@... > ********************************************************************** ********************************************************************** For Listserv Instructions, see http://www.lawlists.net/cyberia Off-Topic threads: http://www.lawlists.net/mailman/listinfo/cyberia-ot Need more help? Send mail to: Cyberia-L-Request@... ********************************************************************** |
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Re: OK, lawyers... here's a "get a warrant" question
by Sean Donelan
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On Sat, 2 Jun 2007, David Lesher wrote:
> You need a 18USC authorization for a wiretap, right? > > But you don't for [for lack of a widely-known, legal term..] > a bug; a mike that conveys sound back to the listening post. > That's different law, correct? Its the same law, 18USC2511. It covers wire, **ORAL** and electronic communications; but apparently not video surveillance. The only interesting movie plot twist might be whether a LASER reflector is similar enough to a wire or radio communications; or is it more like video/light surveillance. Its just one big frequency spectrum. How about using a video camera and a lip-reader, i.e HAL9000 in the movie 2001. ********************************************************************** For Listserv Instructions, see http://www.lawlists.net/cyberia Off-Topic threads: http://www.lawlists.net/mailman/listinfo/cyberia-ot Need more help? Send mail to: Cyberia-L-Request@... ********************************************************************** |
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Re: OK, lawyers... here's a "get a warrant" question
by David Lesher
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Speaking on Deep Background, the Press Secretary whispered:
> > > How about using a video camera and a lip-reader, i.e HAL9000 in the movie > 2001. Not just 2001... For years the FeeBees employed Gallaudet University profs to attempt to decrypt conversations between various Bloc embassy staffers..conversations grabbed with long lenses.. Not sure they asked the FISA court first, however... -- A host is a host from coast to coast.................wb8foz@... & no one will talk to a host that's close........[v].(301) 56-LINUX Unless the host (that isn't close).........................pob 1433 is busy, hung or dead....................................20915-1433 ********************************************************************** For Listserv Instructions, see http://www.lawlists.net/cyberia Off-Topic threads: http://www.lawlists.net/mailman/listinfo/cyberia-ot Need more help? Send mail to: Cyberia-L-Request@... ********************************************************************** |
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Re: OK, lawyers... here's a "get a warrant" question
by Sean Donelan
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On Sat, 2 Jun 2007, David Lesher wrote:
>> How about using a video camera and a lip-reader, i.e HAL9000 in the movie >> 2001. > > Not just 2001... For years the FeeBees employed Gallaudet > University profs to attempt to decrypt conversations between > various Bloc embassy staffers..conversations grabbed with long > lenses.. > > Not sure they asked the FISA court first, however... FISA isn't needed for embassies. ********************************************************************** For Listserv Instructions, see http://www.lawlists.net/cyberia Off-Topic threads: http://www.lawlists.net/mailman/listinfo/cyberia-ot Need more help? Send mail to: Cyberia-L-Request@... ********************************************************************** |
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Re: OK, lawyers... here's a "get a warrant" question
by Randall-12
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On Jun 2, 2007, at 4:24 PM, David L. Finger wrote:
> Here is a link to a 50-state survey of the law of tape recording > telephone calls and in-person conversations: > http://www.rcfp.org/taping/ > > The legal ethics rules vary from state to state. In Delaware, my > jurisdiction, a lawyer is deemed to violate rules of professional > conduct if he or she tapes the client without prior permission. I know a few lawyers who use gmail for client communications. Uh ..,. Google IS recording those conversations ... My Original Writing blog: http://itgotworse.blogsource.com ********************************************************************** For Listserv Instructions, see http://www.lawlists.net/cyberia Off-Topic threads: http://www.lawlists.net/mailman/listinfo/cyberia-ot Need more help? Send mail to: Cyberia-L-Request@... ********************************************************************** |
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Re: OK, lawyers... here's a "get a warrant" question
by David Lesher
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I asked:
> > {Side note: Wonder what the Bar's canons say on such and VOIP > > etc re: client confidentially?} > Here is a link to a 50-state survey of the law of tape recording telephone > calls and in-person conversations: > http://www.rcfp.org/taping/ > > The legal ethics rules vary from state to state. In Delaware, my > jurisdiction, a lawyer is deemed to violate rules of professional conduct if > he or she tapes the client without prior permission. I'm not sure what that has to do with my point; which was: Are Bar members fufilling client's privacy expectations when they use technologies such as VOIP & forward VM messages over unencrypted email... -- A host is a host from coast to coast.................wb8foz@... & no one will talk to a host that's close........[v].(301) 56-LINUX Unless the host (that isn't close).........................pob 1433 is busy, hung or dead....................................20915-1433 ********************************************************************** For Listserv Instructions, see http://www.lawlists.net/cyberia Off-Topic threads: http://www.lawlists.net/mailman/listinfo/cyberia-ot Need more help? Send mail to: Cyberia-L-Request@... ********************************************************************** |
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