Arthur S. Alexion on Fri, 22 Feb 2002 12:50:16 +0100


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Re: [PLUG] Really Cheesy....but...


At 02:01 AM 2/22/2002 -0500, you wrote:
On Thu, Feb 21, 2002 at 05:48:25PM -0500, Charles Stack wrote:
> Now, what will be interesting is the upcoming court battle on whether
> reading someone's e-mail without a warrant violates wire-tapping law.  This
> is currently being reviewed by the PA courts.

Actually, it's my understanding that the case doesn't really cover
wiretapping at all.

The man in question is an ex-cop.  (I believe he was fired after being
convicted of the crime in question.)  He started chatting with and
emailing a 15-year-old girl.  He sent her a nude photograph of himself
and requested a nude video of her, then asked her for sex.  She then
turned over the email in question to the police, who then investigated.
In the course of that investigation, he made explicit comments to an
investigator posing as a different 15-year-old girl.

He was tried and convicted of criminal solicitation and served six
months' house arrest and some amount of probation.  He's appealing to
the PA State Supreme court with the assertion that the police should
have obtained a warrant before *looking* at the email.  Note that it was
brought to them; they didn't seek it out.

Plus the government is treated differently than business under the law. (The law is more restrictive on government searches.)




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Art Alexion                                 mailto:arthur@alexion.com
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