Loading ...
Sorry, an error occurred while loading the content.
 

Federal Privacy Laws Concerning Email & Computer Logs

Expand Messages
  • Advanced Evidence Investigations
    Can someone that has some knowledge please assist me with interpretation of the Federal Wiretapping Laws. Is it a crime to read/copy/save the contents of an
    Message 1 of 3 , May 1, 2006
      Can someone that has some knowledge please assist me with interpretation
      of the Federal Wiretapping Laws.

      Is it a crime to read/copy/save the contents of an electronic
      communication(e-mail or chat room messages) by another/unintended spouse?
      There is the possibly of home computer logs and emails from my client, that
      the opposing side may try to enter into evidence.
      This computer was in the family home, my clients spouse took this computer
      when they moved out of the family home.

      I thought I had read sometime ago about illegal lawsuits concerning access
      in
      regard to the federal laws. I know there are many states with state laws but
      I am interested in federal laws.
      Can someone please offer clarification or specific cases concerning the
      federal laws.
      I didn't think we or clients could use this kind of information as evidence.

      Thank you,

      Nancy Lowery
      Advanced Evidence Investigations
      Serving all of South Dakota
      evidence@...
    • C.I.S. Lists
      Title 18 USC Sec 2511 is the federal Unlawful Interception of Wire, Oral or Electronic Communications Act. What you ve got, based on the brief description you
      Message 2 of 3 , May 2, 2006
        Title 18 USC Sec 2511 is the federal Unlawful Interception of Wire, Oral or
        Electronic Communications Act.
        What you've got, based on the brief description you gave, would most likely
        not fall under that.
        However, there is also Title 18 USC Sec 2701 which is the Unlawful Access to
        Stored Communications law.
        Basically what you've got to find out is there:
        Did the two people have separate, distinct email accounts? If so, the
        current, as far as I know, controlling legel decision came in New Jersey and
        addressed Post Transmission Storage. If the emails reside in a common area
        of the hard drive that anyone in the house could have had access to, then
        they are fair game.
        If there was a separate user profile, with password, and the email accounts
        were completely separate, you may have an argument.
        Brian K. Ingram, Owner
        Consulting Investigation Services
        Email Tracing/Internet &eBusiness Investigations
        Forensic Data Recovery,
        Catastrophic Event Investigations,
        Major Case Criminal Defense
        "Setting the New Standards in Private Investigations"
        brian@...
        www.cispi.net
        www.itraceemail.com
        Texas P.I. License A-8429
        972-937-3938


        -----Original Message-----
        From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
        On Behalf Of Advanced Evidence Investigations
        Sent: Monday, May 01, 2006 8:11 AM
        To: infoguys-list@yahoogroups.com; pidomestic@yahoogroups.com
        Subject: [infoguys-list] Federal Privacy Laws Concerning Email & Computer
        Logs

        Can someone that has some knowledge please assist me with interpretation of
        the Federal Wiretapping Laws.

        Is it a crime to read/copy/save the contents of an electronic
        communication(e-mail or chat room messages) by another/unintended spouse?
        There is the possibly of home computer logs and emails from my client, that
        the opposing side may try to enter into evidence.
        This computer was in the family home, my clients spouse took this computer
        when they moved out of the family home.

        I thought I had read sometime ago about illegal lawsuits concerning access
        in regard to the federal laws. I know there are many states with state laws
        but I am interested in federal laws.
        Can someone please offer clarification or specific cases concerning the
        federal laws.
        I didn't think we or clients could use this kind of information as evidence.

        Thank you,

        Nancy Lowery
        Advanced Evidence Investigations
        Serving all of South Dakota
        evidence@...





        <p><hr></p>
        To subscribe, send an empty message to <a
        href="mailto:infoguys-list-subscribe@yahoogroups.com">infoguys-list-subscrib
        e@yahoogroups.com</a><br/>
        To unsubscribe, send a message to <a
        href="mailto:infoguys-list-unsubscribe@yahoogroups.com">infoguys-list-unsubs
        cribe@yahoogroups.com</a><br/>
        <p><hr></p>
        Yahoo! Groups Links
      • C.I.S. Lists
        They would be fair game no matter where they are if the other side had a court order or gained the information pursuant to discovery. You need to look at that
        Message 3 of 3 , May 2, 2006
          They would be fair game no matter where they are if the other side had a
          court order or gained the information pursuant to discovery.
          You need to look at that as well.
          Brian K. Ingram, Owner
          Consulting Investigation Services
          Email Tracing/Internet &eBusiness Investigations
          Forensic Data Recovery,
          Catastrophic Event Investigations,
          Major Case Criminal Defense
          "Setting the New Standards in Private Investigations"
          brian@...
          www.cispi.net
          www.itraceemail.com
          Texas P.I. License A-8429
          972-937-3938


          -----Original Message-----
          From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
          On Behalf Of C.I.S. Lists
          Sent: Tuesday, May 02, 2006 8:57 AM
          To: infoguys-list@yahoogroups.com
          Subject: RE: [infoguys-list] Federal Privacy Laws Concerning Email &
          Computer Logs

          Title 18 USC Sec 2511 is the federal Unlawful Interception of Wire, Oral or
          Electronic Communications Act.
          What you've got, based on the brief description you gave, would most likely
          not fall under that.
          However, there is also Title 18 USC Sec 2701 which is the Unlawful Access to
          Stored Communications law.
          Basically what you've got to find out is there:
          Did the two people have separate, distinct email accounts? If so, the
          current, as far as I know, controlling legel decision came in New Jersey and
          addressed Post Transmission Storage. If the emails reside in a common area
          of the hard drive that anyone in the house could have had access to, then
          they are fair game.
          If there was a separate user profile, with password, and the email accounts
          were completely separate, you may have an argument.
          Brian K. Ingram, Owner
          Consulting Investigation Services
          Email Tracing/Internet &eBusiness Investigations Forensic Data Recovery,
          Catastrophic Event Investigations, Major Case Criminal Defense "Setting the
          New Standards in Private Investigations"
          brian@...
          www.cispi.net
          www.itraceemail.com
          Texas P.I. License A-8429
          972-937-3938


          -----Original Message-----
          From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
          On Behalf Of Advanced Evidence Investigations
          Sent: Monday, May 01, 2006 8:11 AM
          To: infoguys-list@yahoogroups.com; pidomestic@yahoogroups.com
          Subject: [infoguys-list] Federal Privacy Laws Concerning Email & Computer
          Logs

          Can someone that has some knowledge please assist me with interpretation of
          the Federal Wiretapping Laws.

          Is it a crime to read/copy/save the contents of an electronic
          communication(e-mail or chat room messages) by another/unintended spouse?
          There is the possibly of home computer logs and emails from my client, that
          the opposing side may try to enter into evidence.
          This computer was in the family home, my clients spouse took this computer
          when they moved out of the family home.

          I thought I had read sometime ago about illegal lawsuits concerning access
          in regard to the federal laws. I know there are many states with state laws
          but I am interested in federal laws.
          Can someone please offer clarification or specific cases concerning the
          federal laws.
          I didn't think we or clients could use this kind of information as evidence.

          Thank you,

          Nancy Lowery
          Advanced Evidence Investigations
          Serving all of South Dakota
          evidence@...





          <p><hr></p>
          To subscribe, send an empty message to <a
          href="mailto:infoguys-list-subscribe@yahoogroups.com">infoguys-list-subscrib
          e@yahoogroups.com</a><br/>
          To unsubscribe, send a message to <a
          href="mailto:infoguys-list-unsubscribe@yahoogroups.com">infoguys-list-unsubs
          cribe@yahoogroups.com</a><br/>
          <p><hr></p>
          Yahoo! Groups Links









          <p><hr></p>
          To subscribe, send an empty message to <a
          href="mailto:infoguys-list-subscribe@yahoogroups.com">infoguys-list-subscrib
          e@yahoogroups.com</a><br/>
          To unsubscribe, send a message to <a
          href="mailto:infoguys-list-unsubscribe@yahoogroups.com">infoguys-list-unsubs
          cribe@yahoogroups.com</a><br/>
          <p><hr></p>
          Yahoo! Groups Links
        Your message has been successfully submitted and would be delivered to recipients shortly.