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Re: More Email Interception Arguments....

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  • Ricky Gurley
    ... Title 18 ... wrote the ... I think a lot of this hinges on the Judge s legal philosophy. Some Judges believe in giving more weight to the spirit of the
    Message 1 of 52 , Aug 6, 2008
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      --- In infoguys-list@yahoogroups.com, "Lists" <list@...> wrote:
      >
      > just goes to show you that there needs to be a serious reworking of
      Title 18
      > USC Sec 2511 to clearly define storage and intercept as it pertains to
      > emails/electronic communications. I don't think the person that
      wrote the
      > original law got any form of consultation with some geeks like us that
      > understand the intent of the law and the technical side as well.
      > Brian

      I think a lot of this hinges on the Judge's legal philosophy. Some
      Judges believe in giving more weight to the spirit of the law, and
      other Judges believe in giving more weight to the letter of the law. I
      believe that the Judges that give more weight to the letter of the law
      find this to be an appropriate ruling.

      Personally, I think it is much harder to Judge the spirit or the
      intent of the law than it is to judge by the letter of the law.

      It appears that some rewording may be necessary to end this age old
      debate.


      Rick.

      http://rmriinc.bestcyberinvestigator.com
    • suesarkis@aol.com
      In a message dated 8/8/2008 2:43:43 P.M. Pacific Daylight Time, rmriinc@grouply.com writes: Excellent! In the meantime see if you and the experts can
      Message 52 of 52 , Aug 8, 2008
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        In a message dated 8/8/2008 2:43:43 P.M. Pacific Daylight Time,
        rmriinc@... writes:

        Excellent! In the meantime see if you and the "experts" can reverse
        the denial of the motion for summary judgment sought by Valence
        Media....... LOL.



        Rick -

        In the very beginning I said that she found for the good guys against the
        thieves although the good guys did a no-no. However, I also stated something
        to the effect that with bad guys operating out of foreign countries and the
        like, American businesses do not stand a chance anymore if they are forced to
        abide by the laws since the bad guys don't.

        In this case Discovery was ordered. The defense said certain records didn't
        exist and that they provided everything they were ordered to do. They did
        NOT. The plaintiffs then went out and got the ordered docs themselves. They
        did exist and the court reviewed them.

        Now, had she not ruled as she did, the unlawfully obtained docs would have
        been quashed and she would not have been able to grant a 110+ MIL judgment
        along with a permanent INJUNCTION. The money is a moot issue since all defs have
        filed BK but the INJUNCTION is what they really needed. The piracy was
        costing American companies a small fortune to the detriment of the American
        economy and the good guys inuring to the benefit of the pirates.

        As I said to Branscum many years ago, sometimes the ends does justify the
        means.

        By the way, if anyone wants to review the entire case excluding only the
        "chamber sessions" they can do so at -
        _http://news.justia.com/cases/featured/california/cacdce/2:2006cv01093/182718/_
        (http://news.justia.com/cases/featured/california/cacdce/2:2006cv01093/182718/)


        Sincerely yours,
        Sue
        ________________________
        Sue Sarkis
        Sarkis Detective Agency

        (est. 1976)
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