Technology and the Law

Fax Communications

Facsimile communications are similar to other forms of protected wire communications in that they consist of digital signals transmitted over a traditional wired network. Facsimile transmissions, whether sent from computer to computer or fax machine to fax machine, run the risks of inadvertent misdialing and misdirection due to human error. Despite the absence of absolute security, a properly directed and received fax has the convenience of almost instant correspondence and provides the parties involved with a tangible paper record of every transaction and instance of communication. The case law on fax communications is meager on both state and federal court levels.

Electronic Mail Communication

E-mail presents the judiciary and lawmakers with a difficult area since it falls between a telephone communication and a written correspondence via postal mail. E-mail resembles telephone calls because it consists of intangible electronic signals traveling through wire systems and resembles first-class letters in that the data in the transmission contain nonvocal textual messages. Yet while e-mail is a cross between both, it is afforded the privacy protection of neither against [Page 817]government interception and acquisition. A revolution in telecommunications, e-mail allows computer users to send messages and data files across the country or the globe almost instantly and to keep an accurate and permanent record of this exchange for later reference on both the sender's and recipient's computers.

Like postal mail, every e-mail message is directed to a uniquely identifiable address and delivered to a password-protected electronic mailbox, where unread messages await the user to access the mailbox and open them. The development of e-mail, chat rooms, listservs, newsgroups, and instant messaging constitute even greater challenges to governments because these communications may be used for illicit or illegitimate purposes. Detection and prevention of these activities entails invading the privacy of the users by accessing and sometimes monitoring their e-mails.

Legislation Governing Copied Materials