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North American Network Operators Group Date Prev | Date Next | Date Index | Thread Index | Author Index | Historical Re: Monitoring, Flow Stats (Re: spam whore, norcal-systems)
On Wed, 3 Feb 1999, Dean Anderson wrote: > One doesn't lose privacy protections merely because they are or might > be doing something you don't approve of. In regards to electronic communication and undesirable activity (or in violation of a signed AUP), the privacy protection defense is an extremely weak one, and has been rejected by judges. Basically if what youre doing is in violation of an AUP that you signed, judges have ruled that the privacy protection claim is no defense. You voluntarily waived those rights by signing them away. Also, the privacy protection defense is almost always rejected if it involves outright criminal activity eg smurfs, theft, etc. So there is at least some case law here. The stuff I saw was from the early 80s though, dont know about more recent cases. -Dan
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