From: die@pig.jjm.com (Dave Emery)
Date: Tue, 16 Aug 94 13:04:30 PDT
To: koontzd@lrcs.loral.com (David Koontz)
Subject: Re: RemailNet
In-Reply-To: <9408161657.AA23613@io.lrcs.loral.com>
Message-ID: <9408161903.AA23732@pig.jjm.com>
MIME-Version: 1.0
Content-Type: text/plain


> 
> >        A small historical note.  It was not until 1986 that most
> >unauthorized interceptions of microwave radio common carrier
> >transmissions such as AT&T Long Lines TD-2 and TH routes were definately
> >and clearly made illegal (in the ECPA).  Before that time such
> >interception for other than foreign government espionage purposes was a
> >gray area in the law, quite possibly there deliberately as was a curious
> >similar absence of any prohibition at all against interception of any kind of
> >digital data or record communications such as telegrams, twxs, faxes
> >etc.  transmitted over any media.
> 
> The Radio Act of 1934 makes no such distinctions, and does state that
> it is illegal to use information intercepted.
> 
	My use of the word interception was deliberate.  Before
1986 it was not illegal to intercept, just to divulge or use for
benefit or gain.   And, in fact, this 1934 law was essentially never enforced
and certainly never enforced against government interceptions for
intelligence purposes.    Also it only concerned radio, whereas the
loophole for digital data in the Omnibus Crime Control and Safe Streets
act including wiretapping.
						Dave Emery