Subject: RE: [Fwd: [Asrg] Verisign: All Your ...

From: Joerg Reichelt <[email-masked]>
Date: Tue, 23 Sep 2003 13:15:22 -0700

> Well, this is the purpose of the SMTP mail rejector that Verisign
> operates.  The Electronic Communications Privacy Act ensures that they
> will not ever divulge the contents of such mail.
> 
> 		--Dean

In Electronic Communications Privacy Act, Section 2511, it says:

------------------------
Sec.  2511.  Interception  and  disclosure  of  wire,  oral,   or
electronic communications prohibited

    (1) Except as otherwise specifically provided in this chapter
any person who -

     (a)  intentionally intercepts, endeavors  to  intercept,  or
procures  any other person to intercept or endeavor to intercept,
any wire, oral, or electronic communication;

[...]

    (2)(a)(i) It shall not be unlawful under this chapter for  an
operator of a switchboard, or on officer, employee, or agent of a
provider  of  wire  or  electronic communication  service,  whose
facilities  are used in the transmission of a wire or  electronic
communication, to intercept, disclose, or use that  communication
in  the  normal  course of his employment while  engaged  in  any
activity  which is a necessary incident to the rendition  of  his
service  or  to the protection of the rights or property  of  the
provider  of  that  service,  except  that  a  provider  of  wire
communication  service to the public shall  not  utilize  service
observing  or random monitoring except for mechanical or  service
quality control checks.

[...]

shall  be  punished as provided in subsection (4) or shall  be
subject to suit as provided in subsection (5).
------------------------

It appears (2)(a)(i) limits lawful use to the "necessary incident 
to the rendition of his service". This appears to imply that any
unnecessary incident would be unlawful, but that might be a too
narrow interpretation. 

(Of course, I would consider Verisign's mail rejector an unnecessary 
incident.)

Any thoughts?

/jr

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