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Date: | Tue, 30 Oct 2007 17:04:24 -0400 |
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Just a thought, you may want to review an article by Timothy Carroll in
the Metropolitan Corporate Counsel magazine's August 2007 issue, titled
IMs as ESI: When to Save Instant Messages and How to Properly Authenticate
Retained IMs.
In there he had a very interesting paragraph which read, in part:
Federal Electronic Communications Privacy Ace (ECPA) protects against
unwarranted interception or retreival of electronic communications. Title
1 of the ECPA, known as the Wiretap Act, makes it a crimanl offense
to "intentionally intercept []...any wire, oral or electronic
communications". Because IM chats are conversations occuring in real
time, similar to telephone calls, an employer's monitoring of IM
conversations may also implicate the provisions of the Wiretap Act.
I thought it was a very interesting argument and just thought I would pass
it along.
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