2 Comments

  1. Randy

    "get ahold of those communications knowing they were illegally obtained" – Does this mean that users of wikileaks are in violation if they know the information was illegally obtained?

  2. Randy: Interesting question. I had never thought of Wikileaks from that angle. The ECPA says that one commits a crime/is liable when he or she:

    intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of [the ECPA]

    The definition of "interception" is pretty narrow, and I'd suspect that in most instances it would be hard to show beyond a reasonable doubt that the typical web user browsing Wikileaks would have detailed enough knowledge to really know the material was unlawfully obtained in this way. But that certainly is not the same thing as saying that no Wikileaks user could be shown to possess such knowledge.

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