From: "Declan B. McCullagh" <declan+@CMU.EDU>
Date: Mon, 18 Dec 1995 04:31:23 +0800
To: cypherpunks@toad.com
Subject: Re: Is ths legal?...
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Disclaimer: I'm not a lawyer. Harvey is. (And a pretty damn good one, too.)

-Declan

---------- Forwarded message begins here ----------

Date: Sun, 17 Dec 1995 14:38:24 +0001 (EST)
From: Harvey A Silverglate <has@world.std.com>
Subject: Re: Is ths legal?...
To: "Declan B. McCullagh" <declan+@CMU.EDU>
In-Reply-To: <wkoy1Sq00YUvMl2sVN@andrew.cmu.edu>
Message-Id: <Pine.3.89.9512171444.F10678-0100000@world.std.com>
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Declan -
   The answer to the "is this legal?" question is more complex than 
simply "private versus public" university.  There are fairly strict 
federal anti-wiretapping laws.  It is hardly clear that a private 
university may eavesdrop on students' phone or computer conversations, 
even if conducted over the university's network.  Furthermore, many 
states have their own anti-wiretap and anti-eavesdrop laws, which are 
even stricter than federal standards.  I don't have the time nor the 
inclination to do research into Oklahoma law, but we did some research 
into this area of state and federal law for the LaMacchia case and 
concluded that in its investigation of David LaMacchia, MIT very well 
might have violated federal laws.
       Harvey Silverglate