Message Logging

[brandondaly]

Sorry if this has been asked before, but none of the keyword searches I've tried brought anything up.


A friend has just raised the query of whether message logging via MSN is legal under European law if one of the parties is not aware that it is taking place?


Many thanks.



Regds,
Bran.

There are only 10 kinds of people in this world; Those who know binary and those who don't.

 

[SGTRawlins]

not completely sure, however as this is a new technology i would imagine that it falls into some form of loop hole.

I wouldnt imagine that thier would be an issue with actualy recording the informaiton, however it may be an offence to then use that record for particular purposes!?

 

[dkediger]

Isn't it now pretty much mandated here in the US under Sarbannes-Oxley for certain sized publically traded corporations?

 

[octothorpe]

dkediger:
Yes. It hasn't been really enforced by the courts yet (no cases), but give it some time.

 

[brandondaly]

The US aspect is interesting, but european law differs significatly hence, I really would like an answer about the general european stance on it. If I recall correctly then its illegal to record a telephone conversation without notification under european law, and generally data communication has follow telepony prescedents. However if it were the case for MSN then I would expect MS to make the software notify you that it may be illegal under local legislation, and I can not find this in the help, or when I activate message logging.

Regds,
Bran.

There are only 10 kinds of people in this world; Those who know binary and those who don't.

 

[SemperFiDownUnda]

Brandonley, I think you have 2 different issues here.

Your first post seemed to be directed more at the organisational level of pulling packets and logging the messages. Companies that deal with the State of California are required as part of their contract to record all communications including IM traffic which last I heard was a major hurdle.

Your last post seems to focus on the application logging within MSN and other msg services.

In the 2nd case MS is not responsible for keeping track of local laws. They provide a service and equipment how that is used when applied to local law is not their responsibility. Should MS warn people that they are breaking some local law by having some type of conversation over MSN? Should telecommunication companies include a voice msg before it starts all calls that monitoring may not be legal?

It is the company/individual's responsibility to notify the other party of logging as it is in their control. If this was a feature that was not controlible by the user then I would say that MAYBE they should notify the user but in that case both users should already know that.



Hope I've been helpful,
Wayne Francis

If you want to get the best response to a question, please check out FAQ222-2244 first

 

[pmonett]

It seems to me that the fact that MSN is doing message logging is public information. I would be very surprised if there is no notification of message logging on the MSN website, and that no mention of it is made anywhere on the chatroom screens.

Therefor, no person using the service can possibly claim ignorance of that fact (you are supposed to read the T&Cs).

It then follows that nothing illegal is being done by European standards, since all parties know what is going on. By continuing to use the service, the MSN user accepts the fact that his messages can be logged. So no MSN user can possibly go to court over this, and no European instance can take exception to the practice.

At least, that is how I view the situation.

Pascal.

 

[Grenage]

It would in a sense be like sending a letter and expecting it to be destroyed once it has been read.

You have to assume it has been kept or logged.

 

[Spirit]

As a rule of thumb in the UK if you tell them that "it" is being monitored then its perfectly legal. "it" being email, web access, phone calls, IM.

But if you don't notify an external party? I can't find anything on the net - sorry only a quick search - there is nothing on the DTI website. But I would say that it comes under the same heading as Email and / or phone calls.

Email. You don't have to tell the sender that you are content monitoring, saving a copy permenantly etc as it is implied when you send it.
But on the other hand;
Phones. When you phone a bank they say "you're call may be recorded for training purposes" what this actually means that if you become abusive they can submit this in a court of law.

Its one for the lawers to hammer out........

Not much help eh?

Iain

 

[Dimandja]

This is a simple issue.

Any electronic messages are supposed to be permanently stored somewhere. Any messages you send to people are assumed archived by them. Get over it.

Dimandja