[Raven] Comments on Draft: Take 2B

[Chris Savage <[e-mail]>]

Below are my comments on Section 3 of the draft.

3. A definition of wiretapping

. . .

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Wiretapping is what occurs when information passed across the Internet from
one party to one or more other parties is delivered to a third party:

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Wiretapping occurs when information passed across the Internet from one
party (or group) to one or more other parties is delivered to a third party:

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1.	Without the sending party knowing about the third party

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1.	Without the sending party (or group) knowing about the third party

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3.	When the normal expectation of the sender is that his information
will only be seen by the recipient parties or parties obliged to keep the
information in confidence

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3.	When the normal expectation of the sending party (or group) is that
the transmitted information will only be seen by the recipient parties or
parties obliged to keep the information in confidence

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4.	When the third party acts deliberately to target the transmission of
the first party, either because he is of interest, or because the second
party's reception is of interest.

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4.	When the third party acts deliberately to target the transmission of
the first party (or group), either because he is (or they are) of interest,
or because the second party's reception is of interest.

. . .

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Thus, for instance, monitoring public newsgroups is not wiretapping
(condition 3 violated), random monitoring is not wiretapping (condition 4
violated), a recipient passing on private email is not wiretapping
(condition 2 violated). 

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Thus, for instance, monitoring public newsgroups is not wiretapping
(condition 3 violated), random monitoring is not wiretapping (condition 4
violated), a recipient passing on private email is not wiretapping
(condition 2 violated).

[[[The following might be construed to be a substantive change but is
intended to clarify things.

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Telephone call tracing by means of accounting logs (sometimes called "pen
registers") is also wiretapping by this definition, since the normal
expectation of the sender is that the telephone company will keep this
information in confidence.

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The definition above is limited to Internet transmissions and so does not
apply to traditional circuit-switched telephone calls.  By analogy, however,
telephone call tracing by means of accounting logs (sometimes called "pen
registers") would also be wiretapping, since the normal expectation of the
sender is that the telephone company will keep this information in
confidence.  For this reason, in the Internet context, random monitoring of
network traffic may become (or at least facilitate) wiretapping if records
of the monitored traffic are kept and are then reviewed to identify the
transmissions of particular sending parties or groups.


. . .

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Wiretap is also sometimes called "interception", but that term is also used
in a sense that is considerably wider than the monitoring of data crossing
networks, and is therefore not used here.

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Wiretapping is also sometimes called "interception", but that term is also
used in a sense that is considerably wider than the monitoring of data
crossing networks, and is therefore not used here.


Chris S.
All views/opinions my own...


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