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Can You Go To Prison For Copying A Chat Transcript?







Can You Go To Prison For Copying A Chat
Transcript?

Can You Go To Prison For Copying A Chat
Transcript?
04/12/2004 04:50 PM

Last month, we had quite a heated discussion concerning whether or not an inter net chat transcript is admissible evidence for a court case. In the case discussed, the lawyer of someone accused of soliciting sex with a minor moved to have the chat transcript ruled out since he had never consented to being "recorded". In a very similar case in New Hampshire, it appears that the same thing happened and the transcript was ruled inadmissible and it was ruled that the detective in question had made an illegal wiretap. The article we link to at Security Focus has a good analysis of the situation by Mark Rasch, where he points out that we may need to update our laws to reflect the technology - as right now, simply copying and pasting a chat transcript may be seen as a violation of the law. In fact, he points out that rules requiring companies to monitor employee chat and emails may create an impossible situation, where it's both illegal and required to store chat transcripts. I still stand by my original assertion that since a text chat (even in realtime) is by nature an asynchronous form of communication (I can write something, and you can reply whenever you want), anyone using that format is creating the transcript itself - and thus, are consenting to the "recording." Any form of asynchronous communication is naturally about creating a record of each side of the conversation - otherwise the conversation cannot occur. A synchronous conversation, however, has no record without special efforts being taken.




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