NODE eaa70a60Re: Disturbing statistics on wiretaps
Matt Blaze <mab@crypto.com>Wed, 29 Sep 93 09:06:27 PDT
Mike Goodwin writes:
>Steve Bellovin writes:
>
>
>Here's the actual language of 18 USC 2515 (note the omission of
>"electronic communications"):
>
>
>Sec. 2515. Prohibition of use as evidence of intercepted wire or oral
>communications
>
>Whenever any wire or oral communication has been intercepted, no part of
>the contents of such communication and no evidence derived therefrom may
>be received in evidence in any trial, hearing, or other proceeding in or
>before any court, grand jury, department, officer, agency, regulatory
>body, legislative committee, or other authority of the United States, a
>State, or a political subdivision thereof if the disclosure of that
>information would be in violation of this chapter.
>--Mike
Out of curiousity, what's "wire communication" for the purpose of this
statute? How does that differ from electronic communication (other than,
perhaps, non-voice data traffic sent via cellular telephone)?
Thanks
-matt
NODE e6fe5276Re: Disturbing statistics on wiretaps
Mike Godwin <mnemonic@eff.org>Wed, 29 Sep 93 10:31:46 PDT
Matt Blaze writes:
> Out of curiousity, what's "wire communication" for the purpose of this
> statute? How does that differ from electronic communication (other than,
> perhaps, non-voice data traffic sent via cellular telephone)?
Rather than type in the lengthy definition sections, which refer to each
other, let me just say that a "wire communication" includes an "aural
transfer"--that is, a human voice. An "electronic communication" may use
the phone lines, but the definition excludes anything that qualifies as a
"wire or oral communication". See 18 USC 2510 (12)(B).
The definition of "wire communication" is 18 USC 2510 (1).
The definition of "electronic communication" is 18 USC 2510 (12).
The definition of "aural transfer" is 18 USC 2510 (18).
--Mike