TIP: Click on subject to list as thread! ANSI
echo: scanners
to: BUD JAMISON
from: SCOTT HOFFMAN
date: 1997-01-11 23:50:00
subject: Re: ECPA Article

SH> 2511 - 2 - (B) - (c) It shall not be unlawfull under this chapter for
SH> a person acting under color of law to intercept a wire, oral or
BJ> 
SH> The above clause was added for obvious simple reason. That being so the
SH> very people who use a cordless or cell phone dont go to jail for
SH> simply using their cell or cordless phone.  However, the provision is
BJ> It SPECIFICALLY says 'under color of Authority'  Unless you are a Law 
BJ> Enforcement Officer within your jurisdiction, you could NOT use that 
sectio
BJ> to monitor anything.
Well in the version I have (1 year old) it states  "color of law", you
state  "color of authority".. tell ya the truth. I dont know what the hell
either of them technically mean..  But either way, lets just assume that
what you said was true.. That would be a total impossibility and would
thusly invalidate the whole purpose of 2511- 2 - B (c) which is supposed
to allow people to use their own cell or cordless phone without that 
use being considered an actual illegal intercept... Now if you were t tell
me that the phrase  "color of law" means that only LEO's can intercept it 
hen
it would as I said be illegal for everyone in the country to even use their
cell or cordless phone..  So I simply interpret  "color of law" to mean
something to the quivelant of   "so log as your doing it legitimately with
no illegal or malintentions."  
--- GEcho 1.00
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