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Avoiding the Anti-WireTapping Law

November 30, 2005

Some colleagues of mine at the College of Law pointed out a potential workaround to the “anti-wiretapping law” dilemma. 

Under relevant US jurisprudence on similar laws, R.A. 4200 only applies if there is a physical tap made on a wire which carries the phone conversation.  After all, this was the technology existing when the law was passed and this was the only crime contemplated by Congress. This seems consistent with the Supreme Court case which held that a telephone extension is not a device contemplated by the law and one overhearing a conversation on extension is not violating the law.

Anyway, the reasoning goes: since the “Hello Garci” tapes were made using the interception of wireless communications, then there is no violation of R.A. 4200.  No wiretap, no crime.  (more…)

Posted by JJ Disini at 8:28 am | permalink | comments[1]

CyberCrime Beats Drug Trafficking

As reported in AustralianIT, an advisor for the US Treasury Department disclosed that the global proceeds from cybercrime exceeded that of drug trafficking.  Although she didn’t say so, I’ll bet conviction rates are not comparable either — drug trafficking is more likely to land you in jail. 

This means that if you’re a parent, this is one more thing about your kid you have to worry about.

:(

Posted by JJ Disini at 7:35 am | permalink | Add comment