From: Marc Horowitz <marc@GZA.COM>
Date: Thu, 30 Sep 93 15:27:29 PDT
To: Mike Godwin <mnemonic@eff.org>
Subject: Re: FIDOnet encryption (or lack thereof)
In-Reply-To: <199309301808.AA10882@eff.org>
Message-ID: <9309302227.AA02421@dun-dun-noodles.aktis.com>
MIME-Version: 1.0
Content-Type: text/plain


>> ECPA applies both to Prodigy and to Internet message traffic.

Could you define "Internet message traffic"?  The ECPA says:

                     "(3)(a) Except as provided in
                     paragraph (b) of this subsection, a
                     person or entity providing an
                     electronic communication service to
                     the public shall not intentionally
                     divulge the contents of any
                     communication (other than one to such
                     person or entity, or an agent thereof)
                     while in transmission on that service
                     to any person or entity other than an
                     addressee or intended recipient of
                     such communication or an agent of such
                     addressee or intended recipient.

Does this apply to anyone who provides a service to the public?  Is it
legal for me to say "I'm gonna provide private email, but I reserve
the right to read it" in the service contract?  How is "public"
defined here?

Non-lawyers want to know :-)

		Marc