Great Circle Associates Firewalls
(January 1995)
 

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Subject: Had gone offline but...
From: padgett @ tccslr . dnet . mmc . com (A. Padgett Peterson, P.E. Information Security)
Date: Wed, 4 Jan 95 09:32:16 -0500
To: "firewalls @ greatcircle . com"@UVS1.dnet.mmc.com

| Anyone know how to monitor incoming and outgoing email messages?

>	You might start by having your legal department take a hard
>look at the Electronic Communications Privacy Act of 1986.

Am sure a legal type will correct me if rong but my understanding for
the US is that:
1) It is ok to monitor source and destination (essentially the "envelope")
   without restriction by anyone anywhere who may come into contact with
   it.
2) There has never been a complaint sustained against a company for
   monitoring traffic on their wholly owned systems by their own
   employees.
3) In a court case all such communications may be subpoenaed.
4) If the DOJ warning of monitoring is properly displayed, few lawyers
   would even be willing to take it to court without lotsa cash up front.
5) Companies can be held responsible for the actions of their employees and
   therefore have an obligation to know what they are doing when they are
   acting as employees.
6) "Common Carriers" operate under different rules but the above is still
   generally true.

And finally, "Padgett's Law": Never ask a lawyer if you can do something. 
Tell them what you are planning and ask *how* to do it.

					Warmly,
						Padgett



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