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Court To Reconsider Decision On ISP Mail Snooping

Posted by timothy on from the that's-nice dept.

thpr writes "In June, Slashdot reported that ISPs can read email (according to a decision by the 1st circuit court of appeals). In short, the court felt it was not a violation of U.S. wiretap laws. Last month, the Justice Department asked for the full court to reconsider the decision. C-Net now reports that the court will 'reconsider its June 29 decision'. Arguments are scheduled for Dec 8."

12 of 186 comments (clear)

  1. Kind of link not having curtains by stecoop · · Score: 4, Interesting

    I would tend to agree with this ruling. I believe that an individual should protect her property as it's kind of like leaving a sofa on the curb not expecting it to be removed or like not having curtains on your windows and expecting people to not look in as the drive by. The property owner of the email should be protecting it via encryption or its there for anyone to read.

    I like double rot-13; if it is encrypted and someone cracks it than I guess you should find a better encryption algorithm.

    1. Re:Kind of link not having curtains by Kenja · · Score: 2, Interesting

      So you dont mind if I go though your mail in your curb side mail box? After all, that letter from your sister wasn't encrypted, nor was your paycheck.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    2. Re:Kind of link not having curtains by Kenja · · Score: 2, Interesting
      "that mailbox is my property, and it has a door. it is not the same as an email sitting on server someone else owns."

      Not true. In many instances the postal service owns the mailbox just as the garbage service owns the cans. Even if they dont, most people rent their home and so still dont own the box.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  2. Let me get this right by Sqwubbsy · · Score: 3, Interesting

    John Ashcroft is fighting for greater privacy for email?
    Wonder how the groupthink will justify this.

    --
    $30 Off All Plans: Use code TRIPLESAWBUCK
    1. Re:Let me get this right by eSims · · Score: 2, Interesting

      " John Ashcroft is fighting for greater privacy for email?"

      Of course. If everyone realizes how insecure email really is then encryption will become more prevalent . More ecrypted traffic means a lower singal to noise ratio and much harder to find those conversations that the Feds want to snoop on.

      Don't kid yourself. When the Federal Government wants to read your encrypted email they can. But finding what email is worth decrpyting is much harder when everyone is encrypting their email, but as it stands now so few do that an encrypted email is like a red flag saying "Hey! I am important enough to bother decrpyting!"

      --
      I .sig therefore I am!
  3. This seems like a Reversal of the usual policy by Anonymous Coward · · Score: 1, Interesting

    It seem like a reversal of policty for the DoJ, but perhaps it is because they want to be the _only_ group to be able to snoop mail.

  4. Re:Why is ISP mail readding bad? by paradizelost · · Score: 3, Interesting

    How would this help prevent spam, with all the spam filters, etc... already in place, your ISP isn't going to read your email and delete all of the spam for you, especially not if it is getting past their spam filters.

    it is an invasion of privacy, they are service providers, not regulators.

    Either way, carnivore sees everything you do anyway, but being from a small town with a small town ISP, i'd rather not have my neighbor who works at the ISP reading my email.

    Especially since there may be usernames,passwords, etc.. emailed from institutions like my bank contained in those emails, and no, the bank doesn't give the option of the emails being sent encrypted.

    --
    "In a world without walls and fences, who needs Windows and Gates?"
  5. Re:Why is ISP mail readding bad? by Hatta · · Score: 2, Interesting

    My question is, what makes an ISP? If I give
    my roommate a shell account does it become illegal for me to view certain sectors of my hard drive? Does there have to be some sort of consideration?

    --
    Give me Classic Slashdot or give me death!
  6. Re:email should have the same standard by shawn(at)fsu · · Score: 2, Interesting

    How about if I don't want you reading it don't read it... Why should I have to encrypt it to keep your snooping eyes away. If I have a post office box does that mean the any tom fool that works for the post office should be able to read my mail? Does that mean that the phone company can liosten to my voice mail?

    What if you do encrypt it and they break the encryption? What need could you have to read
    my mail, it's not like your law enforcment your a ISP. Just because it's your property doesn't give you unlimeted rights to do what you please, a business can't put up camera's in the womens lavatory and for good reason. The ISP wanting to read my email is like a digital voyorism.

    And this whole spam thing is absolutly bollocks, if I have spam in my mailbox I can rpeost it to you as an ISP as spam. How do you know that it is spam anyway untill I tell you. Maybe I actually did want an email for herbal viagra.

    --
    500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
  7. Notice it was DOJ asking for reconsideration? by jordandeamattson · · Score: 3, Interesting

    All -

    With the tinfoil hat paranoia running at all time highs, it is interesting to note it was the DOJ, not the EFF or ACLU, that asked the full Appeals Court to reconsider this decision.

    I guess that the nasty, civil rights stomping Ashcroft DOJ feels that wiretap laws apply in this situation. Curious.

    Yours,

    jordan

  8. Re:email should have the same standard by i_r_sensitive · · Score: 2, Interesting
    Yes but whose rights have primacy?

    The ISP owns the connection, the hardware, and yes, all the files that reside therein. In the absence of some contractual obligation, they should have the right to read *any* file on their systems, including your mail. When you talk about your privacy rights you are talking about infrigning on the property rights of the ISPs.

    An NA pal of mine who works for a local ISP confirms that his employer takes the same stand. But it is worthwhile noting that they have a policy in place prohibiting their staff from so doing without the customer's approval.

    Really this is not something the government needs to get involved in, it properly left to the ISPs and their customers to deal with contractually. Legislation in this area is not likely to improve the "traditional" situation...

    --
    "Talk minus action equals nothing" - Joey Shithead, D.O.A.
    "Talk minus action equals /." -
  9. GMail ads? by theguru · · Score: 2, Interesting

    Would the affect Google's ability to scan GMail messages in order to place context ads?