From: Mike Godwin <mnemonic@eff.org>
Date: Tue, 28 Sep 93 12:21:32 PDT
To: stig@netcom.com (Stig)
Subject: Re: Disturbing statistics on wiretaps
In-Reply-To: <9309281647.AA25164@netcom4.netcom.com>
Message-ID: <199309281919.AA17954@eff.org>
MIME-Version: 1.0
Content-Type: text/plain


Stig writes:
 
> It should be noted that although it is illegal for the cops/feds/spooks to tap
> phone lines without a warrant, only illegally-obtained voice communications
> are inadmissible in court.  This means that fax and modem communications can
> be illegally intercepted and STILL used in court against you.

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.


--Mike