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Hackers Underworld 2: Forbidden Knowledge
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Hackers Underworld 2: Forbidden Knowledge.iso
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LEGAL
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ECPA1.LAW
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1994-07-17
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The Electronic Communication's
Privacy Act follows. This "Watergate" inspired statute affects
BBS systems in many ways. The full annotated text follows. */
CHAPTER 119 -- WIRE AND ELECTRONIC COMMUNICATIONS
INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
Sec.
2510. Definitions.
2511. Interception and disclosure of wire or oral
communications prohibited.
2512. Manufacture, distribution, possession, and advertising of
wire or oral communication intercepting devices prohibited.
2513. Confiscation of wire, oral, or electronic communication
intercepting devices.
2514. Immunity of witnesses.
2515. Prohibition of use as evidence of intercepted wire,
oral, or electronic communications.
2516. Authorization for interception of wire, oral, or
electronic communications.
2517. Authorization for disclosure and use of intercepted wire,
oral, or electronic communications.
2518. Procedure for interception of wire, oral, or electronic
communications.
2519. Reports concerning intercepted wire, oral or electronic
communications.
2520. Recovery of civil damages authorized.
2521. Injunction against illegal interception.
2510. Definitions
As used in this chapter --
(1) "wire communication" means any aural transfer made in whole
or in part through the use of facilities for the transmission of
communications by the aid of wire, cable, or other like
connection between the point of origin and the point of reception
(including the use of such connection in a switching station)
furnished or operated by any person engaged in providing or
operating such facilities for the transmission of interstate or
foreign communications or communications affecting interstate or
foreign commerce and such term includes any electronic storage of
such communication, but such term does not include the radio
portion of a cordless telephone communication that is transmitted
between the cordless telephone handset and the base unit;
/* Whenever the term "wire communication" is used, it will
include communications on a BBS that is connected with the
telephone system. Arguably interconnection of a private LAN
would also meet this definitions since the communications of
anyone in business will include an affect on interstate commerce.
*/
(2) "oral communication" means any oral communication uttered by
a person exhibiting an expectation that such communication is
not subject to interception under circumstances justifying such
expectation, but such term does not include any electronic
communication;
(3) "State" means any State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and any territory
or possession of the United States.
(4) "intercept" means the aural or other acquisition of the
contents of any wire, electronic, or oral communication through
the use of any electronic, mechanical, or other device.
(5) "electronic mechanical, or other device" means any device or
apparatus which can be used to intercept a wire, oral, or
electronic communication other than --
(a) any telephone or telegraph instrument, equipment or
facility, or any component thereof, (i) furnished to the
subscriber or user by a provider of wire or electronic
communication service in the ordinary course of its business and
being used by the subscriber or user in the ordinary course of
its business or furnished by such subscriber or user for
connection to the facilities of such service and used in the
ordinary course of its business; or (ii) being used by a
communications common carrier in the ordinary course of its
business, or by an investigative or law enforcement officer in
the ordinary course of his duties;
(b) a hearing aid or similar device being used to correct
subnormal hearing to not better than normal;
(6) "person" means any employee, or agent of the United States
or any State or political subdivision thereof, and any
individual, partnership, association, joint stock company,
trust, or corporation;
(7) "Investigative or law enforcement officer" means any officer
of the United States or of a State or political subdivision
thereof, who is empowered by law to conduct investigations of or
to make arrests for offenses enumerated in this chapter, and any
attorney authorized by law to prosecute or participate in the
prosecution of such offenses;
(8) "contents", when used with respect to any wire, oral, or
electronic communication, includes any information concerning the
substance, purport, or meaning of that communication;
(9) "Judge of competent jurisdiction" means --
(a) a judge of a United States district court or a United States
court of appeals; and
(b) a judge of any court of general criminal jurisdiction of a
State who is authorized by a statute of that State to enter
orders authorizing interceptions of wire, oral, or electronic
communications;
(10) "communication common carrier" shall have the same meaning
which is given the term "common carrier" by section 153(h) of
title 47 of the United States Code;
(11) "aggrieved person" means a person who was a party to any
intercepted wire, oral, or electronic communication or a person
against whom the interception was directed;
(12) "electronic communication" means any transfer of signs,
signals, writing, images, sounds, data, or intelligence of any
nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic or photooptical system that
affects interstate or foreign commerce, but does not include --
(A) the radio portion of a cordless telephone communication that
is transmitted between the cordless telephone handset and the
base unit;
(B) any wire or oral communication;
(C) any communication made through a tone-only paging device; or
(D) any communication from a tracking device (as defined in
section 3117 of this title);
/* The definition of "electronic communication would include the
use of a modem to call a bulletin board system. */
(13) "user" means any person or entity who --
(A) uses an electronic communication service; and
(B) is duly authorized by the provider of such service to engage
in such use;
/* All sections of this act are important, but this particular
section means that an unauthorized user of a BBS is not a "user"
under the ECPA. */
(14) "electronic communications system" means any wire, radio,
electromagnetic, photooptical or photoelectronic facilities for
the transmission of electronic communications, and any computer
facilities or related electronic equipment for the electronic
storage of such communications;
/* Therefore, the BBS computer is an electronic communications
system. */
(15) "electronic communication service" means any service which
provides to users thereof the ability to send or receive wire or
electronic communications;
/* And, the act includes a BBS as an electronic communications
service. */
(16) "readily accessible to the general public" means, with
respect to a radio communication, that such communication is not
--
(A) scrambled or encrypted;
(B) transmitted using modulation techniques whose essential
parameters have been withheld from the public with the intention
of preserving the privacy of such communication;
(C) carried on a subcarrier or other signal subsidiary to a radio
transmission;
(D) transmitted over a communication system provided by a common
carrier, unless the communication is a tone only paging system
communication; or
(E) transmitted on frequencies allocated under part 25, subpart
D, E, or F of part 74, or part 94 of the Rules of the Federal
Communications Commission, unless, in the case of a communication
transmitted on a frequency allocated under part 74 that is not
exclusively allocated to broadcast auxiliary services, the
communication is a two-way voice communication by radio;
(17) "electronic storage" means --
(A) any temporary, intermediate stora