Subject: [Raven] Comments on Draft: Take 2B

From: Chris Savage <[email-masked]>
Date: Fri, 4 Feb 2000 17:54:24 -0500

Below are my comments on Section 3 of the draft.

3. A definition of wiretapping

. . .

[[[Replace this:]]]

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:

[[[With this:]]]

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:

[[[Replace this:]]]

1.	Without the sending party knowing about the third party

[[[With this:]]]

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

[[[Replace this:]]]

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

[[[With this:]]]

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

[[[Replace this:]]]

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.

[[[With this:]]]

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.

. . .

[[[Replace this:]]]

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). 

[[[With this:]]]

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.

[[[Replace this:]]]

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.

[[[With this:]]]

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.

. . .

[[[Replace this:]]]

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.

[[[With this (only change is first word):]]]

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...

*************************************************************************** 
This electronic mail transmission may contain confidential or 
privileged information.  If you believe that you have received the 
message in error, please notify the sender by reply transmission 
and delete the message without copying or disclosing it. 
***************************************************************************

_______________________________________________
raven mailing list
[email-masked]
http://www.ietf.org/mailman/listinfo/raven