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>C O M P U T E R U N D E R G R O U N D<
>D I G E S T<
*** Volume 1, Issue #1.04 (April 11, 1990) **
-- Part 3 of 4 --
** ALCOR'S SUIT AGAINST E-MAIL CONFISCATION **
****************************************************************************
MODERATORS: Jim Thomas / Gordon Meyer
REPLY TO: TK0JUT2@NIU.bitnet
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
information among computerists and to the presentation and debate of
diverse views.
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DISCLAIMER: The views represented herein do not necessarily represent the
views of the moderators. Contributors assume all responsibility
for assuring that articles submitted do not violate copyright
protections.
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In This Issue:
Issue #1.04 is long--over 2,100 lines--so we have broken it down
into four smaller files.
Keith Henson sent these public documents to us describing how one
organization filed suit against agents for allegedly confiscating
electronic mail illegally. The case raises a number of important issues to
computerists, including the status of E-mail as private communication, the
scope of investigatory authority of law enforcement agents in confiscating
computer "symbols," and other facets of investigation of the use of
computers when an alleged crime has occured.
We encourage article-type responses to the any of the many issues raised
here.
**********************************
PART 3 of 4
**********************************
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Subject: Re: Text of ECPA suit
Date: Tue, 27-Mar-90 20:19:33 PST
H. KEITH HENSON
1794 Cardel Way
San Jose, CA 95124
(408) 978-7616
THOMAS K. DONALDSON
1410 Norman Dr.
Sunnyvale, CA 94087
(408) 732-4234
ROGER E. GREGORY
2040 Columbia St.
Palo Alto, CA 94306
(415) 493-7582
U. S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
H. KEITH HENSON, THOMAS K. )
DONALDSON, and ROGER E. GREGORY, )
on behalf of themselves and as )
representatives of others ) COMPLAINT FOR
similarly affected, ) DECLARATORY
) JUDGEMENT
Plaintiffs, )
)
vs. ) No.
)
)
FEDERAL BUREAU OF INVESTIGATION, ) ENFORCEMENT OF
RON HELLER, U. S. ATTORNEY OFFICE ) PROVISIONS OF THE
Los Angeles, MICHAEL EMICK, and ) ELECTRONIC
DOES 1 TO 100, inclusive, ) COMMUNICATION
) PRIVACY ACT.
)
Defendants. ) CLASS ACTION
)
INTRODUCTORY STATEMENT
1. On or about January 12, 1988 law enforcement officials
of Riverside County obtained plaintiffs' electronic
communications (electronic mail, email). From that date to
present plaintiffs have been prevented authorized access to
their electronic communications. Plaintiff Henson contacted
the FBI by phone in March 1988 and requested the FBI to
investigate this apparent violation of Federal law (Title 18,
Section 2701 et seq.) in a letter to Supervisor of Riverside
COMPLAINT 1
FBI Office Ron Heller April 5, 1988. (Attachment A). Request
was referred by the FBI without field investigation to the
U. S. Attorney's Office in Los Angeles. This office, following
the disinclination of the FBI to investigate, professed
disinterest. Plaintiff Henson was informed of "declined to
prosecute" decision of U. S. Attorney's office via telephone by
Mr. Heller. With advice from the other plaintiffs, Henson
responded to Mr. Heller (Attachment B) and also wrote Michael
Emick, Chief of Criminal Complaints, U. S. Attorney's Office,
Los Angeles, California on April 25. (Attachment C).
In a subsequent telephone call, Mr. Emick's assistant Mr.
Medrano promised a letter would be sent to Plaintiff Henson
supporting claim by U.S. Attorney's office that provisions of
the Electronic Communication Privacy Act were not violated, or
providing other reason(s) for declining prosecution. In spite
of attempts through Representative Norman M. Mineta and Senator
Pete Wilson (Attachments D, E, & F), and follow-up phone calls,
no substantive response to plaintiff's complaint re the
Electronic Communications Privacy Act of 1986 has been received
to the date of filing, from an FBI or Justice Department
representative (Attachments G, H, & I).
JURISDICTION
2. This Court has jurisdiction over this action pursuant
to U.S.C. 28, Sections 2201, 1331, and 1346.
PARTIES
3. Plaintiffs H. KEITH HENSON, THOMAS K. DONALDSON and
ROGER E. GREGORY are citizens of the United States, residents
of Santa Clara County, and were current users of electronic
COMPLAINT 2
mail service provided by Alcor Life Extension Foundation on
January 12, 1988.
4. Named defendants are agencies and employees of the
Government of the United States.
CLASS ACTIONS ALLEGATIONS
5. Plaintiffs bring this action as a class action
pursuant to Rule 23 (b)(2) of the Federal Rules of Civil
Procedure on behalf of themselves and the other users of
electronic mail who had their correspondence stored in this
computer. There are between 50 and 100 people in this class.
Some of them are not California residents, and at least one of
them is a citizen of another country. All are entitled to
protection under the provisions of the Electronic Communication
Privacy Act. A comprehensive list of the members of this class
cannot be obtained until the computer in which the list resides
has been returned.
An additional class is all users of electronic mail
in the United States who are entitled to privacy and Fourth
Amendment protection via the enforcement of the provisions of
this Act. This last class is so numerous as to make the
joinder of all members of the class completely impracticable.
However, due to the unique nature of the class, notification
of, and email replies from, a substantial fraction of this
class could be accomplished economically by posting notice
on the computer networks. Eleven thousand people are reported
to read the Usenet news group "misc.legal." Plaintiffs will
offer the widespread members of this class an opportunity to
join the action if instructed to do so by the Court.
COMPLAINT 3
FACTS
6. On or about January 12, 1988 certain law enforcement
agents (coroner's deputies) obtained and executed a warrant to
remove computers and related equipment from Alcor Life
Extension Foundation at 12327 Doherty St., Riverside, CA 92503.
(Attachment J)
7. One of these computers and a small number of
removable disks contained plaintiffs' electronic communications
as they are defined in the Electronic Communication Privacy
Act.
8. Law enforcement agencies in Riverside have prevented
authorized access to plaintiffs' electronic mail. An unknown
number of law enforcement personnel from the Coroner's Office,
the District Attorney's Office, and the Riverside City Police
have obtained plaintiffs' electronic communications in
electronic storage, and have prevented authorized access to
these communications, without Court orders or warrants which
would exempt them from the punitive provisions of Title 18,
Section 2701(b).
9. The warrant used to