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Date:      Sat, 25 Sep 1999 10:40:09 -0700 (PDT)
From:      "Rodney W. Grimes" <freebsd@gndrsh.dnsmgr.net>
To:        chuckr@mat.net (Chuck Robey)
Cc:        wpaul@FreeBSD.org (Bill Paul), phk@critter.freebsd.dk (Poul-Henning Kamp), cvs-committers@FreeBSD.org, cvs-all@FreeBSD.org
Subject:   Re: cvs commit: src/sys/alpha/tc am7990.c src/sys/contrib/dev/oltr if_oltr.c src/sys/dev/ed if_ed.c src/sys/dev/iicbus if_ic
Message-ID:  <199909251740.KAA07947@gndrsh.dnsmgr.net>
In-Reply-To: <Pine.BSF.4.10.9909251300270.87332-100000@picnic.mat.net> from Chuck Robey at "Sep 25, 1999 01:02:10 pm"

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> On Sat, 25 Sep 1999, Bill Paul wrote:
> 
> > > In message <199909251642.JAA07776@gndrsh.dnsmgr.net>, "Rodney W. Grimes" writes
> > > :
> > > 
> > > >>   Remove NBPF conditionality of bpf calls in most of our network drivers.
> > > >...
> > > >
> > > >Can I ask that work on this be stopped for a few days while I get a
> > > >proper legal opinion on 18 USC 2510 et seq.
> > > 
> > > I suggest that have business as usual until we see what Sun does
> > > about snoop in Solaris.  If they don't feel like they have a problem,
> > > we most certainly doesn't have one either.
> > 
> > And SNOOP sockets in IRIX, and DLPI in HP-UX, and BPF in AIX (BPF is
> > a loadable module in AIX, and tcpdump is included with the OS).
> 
> If you can't adequately monitor/supervise your network connections without
> bpf, and you use it regularly to solve problems, then it's in the realm of
> things like telephone linemen's test telephones, which can also be used to
> bug lines, right?

Possibly, thats why I need to get a formal legal opinion, that has case law
research attached to it.  I am not sure just how this law has been applied
and what is and is not really possible under the definitions.  A telephone
linemens test telephone is just that ``A telephone'', something that defanitly
qualified under 18 USC 2510 (5) (ii).  BPF has the problem in that it is
_specifically_ designed for listing to something that normally would not
be monitored.

I think a good lawyer could argue in court that a lanalyzer is an illegal
device to ``produce, use, transport, etc, etc''.  I don't like it, but that
is what the _letter_ of the law leads me to belive.  The problem is we need
to expand from the _letter_ of the law to what the courts have interpretted
the _meaning_ and _intent_ of the law is.  You can only do that through
case law reasearch, and that costs $ and time.  Since we, as a corporation,
are at risk in this case I will make sure that legal fees are paid and I
have something to smash my lawyer over the head with should we ever get
suid for illegal wire tapping.  [Another change to the code, there are
now both criminal and civil penalities, in the past a business didn't
even have to worry about that 18 USC 2510 said, now they can be suid by
a private party under the laws so layed out :-(]

I had ignored this code up until Sean pointed me at it, as I though the
ECPA only applied to the Feds.  Now it applies to me as a business man :-(.


> Is that legal reference available online anywheres?

Best one for all of them in once simple URL is:

http://www.rewi.hu-berlin.de/Datenschutz/USA/ElectronicPrivacyAct.html

You can find the 47 USC at www.fcc.gov some place, it's huge though,
338 pages.

-- 
Rod Grimes - KD7CAX - (RWG25)                    rgrimes@gndrsh.dnsmgr.net


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