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RE: is SMTP a candidate for OPES ?

2004-07-06 09:51:12
+1

Abbie


-----Original Message-----
From: Alex Rousskov [mailto:rousskov(_at_)measurement-factory(_dot_)com] 
Sent: Tuesday, July 06, 2004 12:16 PM
To: jfcm
Cc: ietf-openproxy(_at_)imc(_dot_)org
Subject: Re: is SMTP a candidate for OPES ?



jfc,

      IMHO, the stupidity of judges or laws should not limit 
OPES scope. OPES framework (in a broad sense) is applicable 
to any communication between content producer and content 
consumer. Whether the unit of communication is "stored and 
forwarded" or "just forwarded" is irrelevant from 
architecture/scope point of view. It may affect how and when 
the adaptations are performed, but not whether they can be 
performed in an OPES-compliant way.

      The old OPES architecture draft may not reflect this 
and other scope concerns, but that's a different question/problem.

Alex.


On Tue, 6 Jul 2004, jfcm wrote:


The attached piece of real world's information seems to be worth 
consideration. This is legal, political and US centric. 
Nevertheless 
it means that SMTP (mail transfer) is not seen by many (legally and
technically) as a stream but as fast store and forward and that 
different legal rules (and therefore 
applications/business/demands/offers may be conceived depending on 
where is the filter (on the protocol or on the node).

It seems to me this is another contradiction of OPES/ONES with the 
"protocol on the wire" and "dumb network/smart host" concepts. I am 
not an SMPT pro, but I suppose that the difference is that in HTTP 
forwards a flow of datagrams while SMTP 
stops+store+forwards a group 
of datagrams building an entire message. For example, you 
cannot know 
the true user's value of a mail before you got to the 
attachement or 
to the final signature. jfc

--------------

 From the New York Times -- 
http://www.nytimes.com/2004/07/06/technology/06net.html

You've Got Mail (and Court Says Others Can Read It)
By SAUL HANSELL

When everything is working right, an e-mail message appears to zip 
instantaneously from the sender to the recipient's inbox. But in 
reality, most messages make several momentary stops as they are 
processed by various computers en route to their destination.

Those short stops may make no difference to the users, but 
they make 
an enormous difference to the privacy that e-mail is accorded under 
federal law.

Last week a federal appeals court in Boston ruled that 
federal wiretap 
laws do not apply to e-mail messages if they are stored, even for a 
millisecond, on the computers of the Internet providers 
that process 
them - meaning that it can be legal for the government or others to 
read such messages without a court order.

The ruling was a surprise to many people, because in 1986 Congress 
specifically amended the wiretap laws to incorporate new 
technologies 
like e-mail. Some argue that the ruling's implications could affect 
emerging applications like Internet-based phone calls and Gmail, 
Google's new e-mail service, which shows advertising based on the 
content of a subscriber's e-mail messages.

"The court has eviscerated the protections that Congress 
established 
back in the 1980's," said Marc Rotenberg, the executive director of 
the Electronic Privacy Information Center, a civil liberties group.

But other experts argue that the Boston case will have little 
practical effect. The outcry, said Stuart Baker, a privacy 
lawyer with 
Steptoe & Johnson in Washington, is "much ado about nothing."

Mr. Baker pointed out that even under the broadest 
interpretation of 
the law, Congress made it easier for prosecutors and 
lawyers in civil 
cases to read other people's e-mail messages than to listen 
to their 
phone calls. The wiretap law - which requires prosecutors to prove 
their need for a wiretap and forbids civil litigants from 
ever using 
them - applies to e-mail messages only when they are in transit.

But in a 1986 law, Congress created a second category, 
called stored 
communication, for messages that had been delivered to recipients' 
inboxes but not yet read. That law, the Stored Communications Act, 
grants significant protection to e-mail messages, but does 
not go as 
far as the wiretap law: it lets prosecutors have access to stored 
messages with a search warrant, while imposing stricter 
requirements 
on parties in civil suits.

Interestingly, messages that have been read but remain on 
the Internet 
provider's computer system have very little protection. Prosecutors 
can typically gain access to an opened e-mail message with a simple 
subpoena rather than a search warrant. Similarly, lawyers in civil 
cases, including divorces, can subpoena opened e-mail messages.

The case in Boston involved an online bookseller, now 
called Alibris. 
In 1998, the company offered e-mail accounts to book dealers and, 
hoping to gain market advantage, secretly copied messages they 
received from Amazon.com. In 1999, Alibris and one employee pleaded 
guilty to criminal wiretapping charges.

But a supervisor, Bradford C. Councilman, fought the 
charges, saying 
he did not know about the scheme. He also moved to have the case 
dismissed on the ground that the wiretapping law did not apply. He 
argued that because the messages had been on the hard drive of 
Alibris's computer while they were being processed for 
delivery, they 
counted as stored communication. The wiretap law bans a 
company from 
monitoring the communications of its customers, except in a 
few cases. 
But it does not ban a company from reading customers' stored 
communications.

"Congress recognized that any time you store communication, 
there is 
an inherent loss of privacy," said Mr. Councilman's lawyer, Andrew 
Good of Good & Cormier in Boston.

In 2003, a federal district court in Boston agreed with Mr. 
Councilman's interpretation of the wiretap law and 
dismissed the case. 
Last week, the First Circuit Court of Appeals, in a 2-to-1 
decision, 
affirmed that decision.

Because most major Internet providers have explicit 
policies against 
reading their customers' e-mail messages, the ruling would seem to 
have little effect on most people.

But this year Google is testing a service called Gmail, which 
electronically scans the content of the e-mail messages its 
customers 
receive and then displays related ads. Privacy groups have 
argued that 
the service is intrusive, and some have claimed it violates wiretap 
laws. The Councilman decision, if it stands, could undercut that 
argument.

Federal prosecutors, who often argue that wiretap 
restrictions do not 
apply in government investigations, were in the somewhat surprising 
position of arguing that those same laws should apply to Mr. 
Councilman's conduct. A spokesman for the United States attorney's 
office in Boston said the department had not decided whether to 
appeal.

Mr. Baker said that another federal appeals court ruling, in San 
Francisco, is already making it hard for prosecutors to retrieve 
e-mail that has been read and remains on an Internet provider's 
system.

In that case, Theofel v. Farey-Jones, a small Internet provider 
responded to a subpoena by giving a lawyer copies of 339 e-mail 
messages received by two of its customers.

The customers claimed the subpoena was so broad it violated the 
wiretap and stored communication laws. A district court agreed the 
subpoenas were too broad, but ruled they were within the law. The 
plaintiffs appealed, and the Justice Department filed a 
friend of the 
court brief arguing that the Stored Communications Act should not 
apply.

In February, the appeals court ruled that e-mail stored on the 
computer server of an Internet provider is indeed covered by the 
Stored Communications Act, even after it has been read. The court 
noted that the act refers both to messages before they are 
delivered 
and to backup copies kept by the Internet provider. "An obvious 
purpose for storing a message on an I.S.P.'s server after 
delivery," 
the court wrote, " is to provide a second copy of the 
message in the 
event that the user needs to download it again - if, for 
example, the 
message is accidentally erased from the user's own computer."

Calling e-mail "stored communication" does not necessarily reduce 
privacy protections for most e-mail users. While the 
Councilman ruling 
would limit the applicability of wiretap laws to e-mail, it 
appears to 
apply to a very small number of potential cases. The 
Theofel decision, 
by contrast, by defining more e-mail as "stored communications," is 
restricting access to e-mail in a wide range of cases in the Ninth 
Circuit, and could have a far greater effect on privacy if 
courts in 
the rest of the country follow that ruling.




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