From: "Lynne L. Harrison" <lharrison@mhv.net>
Date: Fri, 25 Jul 1997 13:25:26 +0800
To: cypherpunks@toad.com
Subject: Re: Jim Bell Docket 3
In-Reply-To: <3.0.2.32.19970724134314.006f883c@pop.mhv.net>
Message-ID: <3.0.2.32.19970725003339.006b708c@pop.mhv.net>
MIME-Version: 1.0
Content-Type: text/plain



>On Thu, 24 Jul 1997, Lynne L. Harrison wrote:
>
>> With certain exceptions, court proceedings are open to the public which is
>> why one is able to read articles in newspapers about certain cases.
>> 
>> The only way that the IRS' leaking the Plea Agreement by sending email to
>> individuals would constitute contempt of court is if there was a gag order.


At 02:06 PM 7/24/97 -0400, Ray Arachelian wrote:
>
>A. It's unsolicited spam.
>B. The way they gathered the list of addresses is questionable, and likely
>off Jim's HD.  If this is the case, can it be used to send the warning
>message?


In my personal opinion (IMPO - see Disclaimer below), 47 USC 227 is the
closest statute that pertains to Question #1.  The problem is that
unsolicited email, per the statute's definition, refers to unsolicited
commercial email.  OTOH, if I were to email you privately, it would
technically be unsolicited.  If you replied and requested that I
discontinue, and I persisted, then most states have laws
governing/precluding my behavior.

Question #2 is a thornier issue.  As we know, we can get lists of email
addresses from a variety of sources.  The "missive" was neither slanderous
nor untrue.  Additionally, the beginning of the message described it as a
press release.  To allege that it was a "warning message", one would have
to prove that, in fact, it was not a press release but, rather, it was
meant to be a warning to the recipients.

I question, however, if is proper/appropriate for a governmental entity to
retrieve email addresses off of a computer involved in a criminal matter
and use those addresses to send the type of message that was sent to a
selected few?  Unfortunately, I have no answer to this query.

Do any other individuals have any thoughts concerning this issue?




***********************************************************************
Lynne L. Harrison, Esq.     | "I love deadlines.  I love the whooshing    
Poughkeepsie, New York      |  sound they make as they fly by."  
http://www.dueprocess.com   |              - Douglas Adams
***********************************************************************

DISCLAIMER:  I am not your attorney; you are not my client.
             Accordingly, the above is *NOT* legal advice.