There's a significant difference between logging a public chat room and logging a private chat room. Under the Federal wiretap statute, at least, it's legal to log a public chat room, since a public chat room is "an electronic communication system that is configured so that such electronic communication is readily accessible to the general public." 18 U.S.C. 2511(2)(g)(i). Does anyone know whether the chat room Detective Warchol logged was public or private? Of course, New Hampshire law could be different from the Federal law.
I think it's misleading to think of this question in terms of "expectation of privacy." Expectation of privacy is a Fourth Amendment concept. Statutes governing the privacy of electronic communication are often written using different language.
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There's a significant difference between logging a public chat room and logging a private chat room. Under the Federal wiretap statute, at least, it's legal to log a public chat room, since a public chat room is "an electronic communication system that is configured so that such electronic communication is readily accessible to the general public." 18 U.S.C. 2511(2)(g)(i). Does anyone know whether the chat room Detective Warchol logged was public or private? Of course, New Hampshire law could be different from the Federal law.
I think it's misleading to think of this question in terms of "expectation of privacy." Expectation of privacy is a Fourth Amendment concept. Statutes governing the privacy of electronic communication are often written using different language.