;Date      14 Nov 92 00:17:28
From:      Mike Laster@1:125/33
To:        All@1:125/111
Subject:   Some info I found out
Options:   
;Status:   (read 2 times)
;MSGID: 1:170/109 2b044655

I was asking about the topic of privacy at the Electric Freedom Foundation and 
here's a response I got.  I figured I'd post it here for everybody's info: 

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<199211121929.AA21206@eff.org> To: lasterm@ohm.ee.utulsa.edu (Mike Laster) 
From: ssteele@eff.org Subject: Re: BBS Law newsgroup Status: R 

Hi Mike.
Actually, it seems pretty clear that a SysOp who is part of a network has
an obligation to pass private mail without reading it.  The Electronic
Communications Privacy Act says that no one can read a private message sent
over a public system (and a BBS with a published phone number and offering
access to the general public is a public system) without the message
creator's permission (or a search warrant).  A network node merely passing
messages not originated from or enroute to his or her own board may not
read those messages.  While courts haven't decided it yet, the law is
pretty clear on its face.

On an individual board, a SysOp can get permission to read the messages by
posting a notice indicating that messages may be read.  Then anyone still
choosing to leave a message is consenting to the monitoring by the SysOp.
But, unless the SysOp had reason to know that there was illegal activity
taking place on his/her board and did nothing to stop it, the SysOp will
most likely not be held liable for illegal messages.

Hope this helps.
Shari

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