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Date:      Mon, 3 Feb 1997 11:06:29 -0700 (MST)
From:      Patrick Giagnocavo <support@xinside.com>
To:        hackers@freebsd.org, hmmm@ice-bbs.net
Subject:   Re: un-ethical isp
Message-ID:  <199702031806.LAA06948@chon.xinside.com>
In-Reply-To: <32F5D5C1.41C67EA6@pitt.edu>
References:  <293_9702030127@ice-bbs.net> <32F5D5C1.41C67EA6@pitt.edu>

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-snipped--
 > > a week, and additionally, after tracing the source of the
 > > pinging and sending some nasty email, my isp transferred
 > > all my email i had ever written on my personal/private
 > > account to my boss and co-worker for review, ie, they
 > > were looking for some goodies to get rid of me.

 > > ANYWAY - my question is, although my lawyer says my isp may be
 > > liable for slander, is there any other recourse i can take for
 > > them giving 2 1/2 years of my email from my personal/private
 > > account to my boss and co-workers?  i wouldn't want laws,
 > > but i despise un-ethical behaviour such as this!
 > > 
 > > it included health information related to my family,
 > > love letters :), thoughts, etc.  all kinds of stuff
 > > you'd never want anyone to see!
 > > 
 > > (pgp? - well not everyone i wrote to can use it!)
 > > 
 > > thanks ...  please mail to hmmm@ice-bbs.net.
 > > a friend/co-worker is allowing me use of this
 > > account as i have no isp currently ...

<my opinions only, mind you>

There is a federal statute that covers this sort of thing.  Basically
it is illegal to interfere with the delivery of electronic mail, and
there are criminal consequences to those who do so.  Two ways you can
get these folks is that a) they interfered with the operation of the
email system itself by ping flooding, b) they transferred email to
someone else when it was not addressed to them.  In the case of Steve
Jackson Games vs. the Gov't (I believe it was the Secret Service) the
judge found for Steve Jackson Games once they pointed this out.  This
was a couple years ago, so there is case law and precedent that you
can depend on.

They are (based on the info you have given) in violation of the
Electronic Communications and Privacy Act. (ECPA)  Even BBS's which
are not connected to the Net full time receive protection under this
act. 

My first suggestion is that you get in contact with the Electronic
Freedom Foundation (http://www.eff.org/).  They are sort of like the
ACLU for Net users.  If they can't help you directly they can probably
point you in the right direction.

Cordially,

Patrick Giagnocavo



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