[svlug] DSL woes

svlug@flygirl.com svlug at flygirl.com
Sat May 13 07:07:40 PDT 2000


On Fri, May 12, 2000 at 05:32:42PM -0700, dfox at belvdere.vip.best.com sed:

>> It's ironic that phone conversations cannot be recorded without warning to
>> the other party while email can. I don't see the difference since both
> 
> Well, inasmuch as email is a magnetic storage medium, like a phone message,
> perhaps you're right. The email already exists though in a magnetic storage
> medium -- the phone call does not, unless it is recorded. If email is seen
> as simply a magnetic version of a physical piece of mail, then I wouldn't
> agree - paper mail doesn't seem to have to need advance warning like 
> phone calls.

I'd guess that the reason is very much as dfox says... 
Email in court is just making available something that is
already "recorded" (i.e. it exists as a file on your
machine) there is no secondary process to record it as
there is with telephone calls.

I'd guess that, by the same token, voice-mail MAY be
admissable in court -- since you KNOW that it is being
recorded.  I'd like to check up on that one.

But there's probably another factor here and that's the
fact that these decisions (admissable or not) are made by
legal and usualy non-tech people.  I'd guess, because email
most closely resembles snail-mail and VoIP resembles phone
calls, that email will continue to be admissable but, at
least in the short term, VoIP will not.

Lisa

"I'm not a lawyer, but I play one on the internet"





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