, 2004-04-12
When a New Hampshire judge threw out chat-log evidence against an accused pedophile, he illustrated just how jumbled and confused Internet privacy law can be.
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Chat, Copy, Paste, Prison
, 2004-04-12 When a New Hampshire judge threw out chat-log evidence against an accused pedophile, he illustrated just how jumbled and confused Internet privacy law can be.
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Privacy Statement |
But then, whenever one engages into a conversation with someone, he must be aware that his conversation may be recorded. Assuming that the other party's software has been left in its default configuration is not a valid argument. Settings are made specifically for that : allow change in the program's behaviour.
If the logging functionality exists in the software, expect to be logged, whether it is enabled by default or not.
Expectation of privacy when it comes to communicating with a perfect stranger makes absolutely no sense. Even if logging is not enabled, none of the chatters can know for sure who is viewing his chat session. It may be a fourteen year old girl, a detective, a bunch of college students having fun, or the producers of the latest reality TV show, broadcasting the chat live to all homes in North America.
From what I read in the column, the only difference here is that the detective used a third-party software to record the conversation. I can see that this makes the situation a little different, but then again, IANAL.
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Link to this comment: http://www.securityfocus.com/comments/columns/233/25769#25769