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Posted 4/15/2004 5:23 PM


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Mark Rasch writes in SecurityFocus:



You are engaged in a chat session with some friends and colleagues, when one of them makes a witty remark or imparts a pithy bit of information. You hit CTRL-A and select the conversation, then copy it to a document that you save. Under a little-noticed decision in a New Hampshire Superior Court in late February, these actions may just land you in jail.


New Hampshire is "two-party consent state" -- one of those jurisdictions that requires all parties to a conversation to consent before the conversation can be intercepted or recorded. The decision is the first of its kind to apply that standard to online chats, and the ruling is clearly supported by the text of the law. But it marks a blow to an investigative technique that has been routinely used by law enforcement, employers, ISPs and others. Read the entire article: http://www.securityfocus.com/printable/columnists/233


In some states, recording a conversation via IM logging without the express permission of both parties can be considered a felony.


Is this a reasonable protection of privacy?




Learn from yesterday, live for today, hope for tomorrow
  Post #13343
 
Posted 4/15/2004 5:23 PM


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pretty nonsense imo
  Post #84557
 
Posted 4/15/2004 5:23 PM


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Yes, sounds stupid to me, although i can see where they are coming from. How can you really enforce that?

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  Post #84558
 
Posted 4/15/2004 5:23 PM


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   Enforcement comes when any effort is made to use the recording. Just making a recording of innocuous chat is very unlikely to result in any charges. Nobody cares. But a co-worker can't show the boss a recording of you criticizing the boss because the recording itself could result in criminal charges.

El Technosaur
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  Post #84559
 
Posted 4/15/2004 5:23 PM


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My guess is that enforcement will result in those cases where the record is abused (as the example in the above post points out). Just yesterday I accidently recorded a phone call with a friend so this news makes me chuckle on that level. I still don't know how I did it but wont tell him in an effort to avoid procecution
  Post #84560
 
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