From: smb@research.att.com
Date: Tue, 28 Sep 93 17:16:35 PDT
To: Mike Godwin <mnemonic@eff.org>
Subject: Re: Disturbing statistics on wiretaps
Message-ID: <9309290015.AA12269@toad.com>
MIME-Version: 1.0
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	 The same is true of e-mail over the Internet--there is no
	 statutory exclusionary rule that would prvent its
	 admissibility in court. It is at least theoretically possible,
	 however, to exclude illegally seized communications of these
	 sorts using a "pure 4th Amendment" (nonstatutory) exclusionary
	 rule.

	 Don't hold your breath, though.

Do you really think that?  One could argue, fairly strongly, that the
rules set forth in the ECPA have created an expectation of privacy,
and that a violation of that expectation would be exactly the violation
of the 4th Amendment that the Supreme Court addressed in the 1967
decision that led to the original wiretap provisions in the Omnibus
Crime Control and Safe Streets Act.