68 lines
3.1 KiB
Plaintext
68 lines
3.1 KiB
Plaintext
/* The text of Section 250.12 of the Model Penal Code follows.
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Many states have adopted parts of the Model Penal Code. (New
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Jersey and Pennsylvania have adopted the code in great part.) This
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portion of the Model Penal Code specifies a crime of "Violation
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of Privacy." Section (2) of the code can be applicable to certain
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BBS situations. Many states have used this provision as the basis
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of their own privacy laws. */
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Model Penal Code, Section 250.12
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VIOLATION OF PRIVACY
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(1) Unlawful eavesdropping or surveillance. A person commits a
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misdemeanor if, except as authorized by law, he:
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(a) trespasses on property with purpose to subject anyone to
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eavesdropping or other surveillance in a private place; or
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(b) installs in any private place, without the consent of the
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person or persons entitled to privacy there, any device for
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observing, photographing, recording, amplifying or broadcasting
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sounds or events in such place, or uses any such unauthorized
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installation; or
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(c) installs or uses outside a private place any device for
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hearing, recording, amplifying or broadcasting sounds originating
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in such place which would not ordinarily be audible or
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comprehensive outside, without the consent of person or persons
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entitled to privacy there.
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"Private place" means a place where one may reasonably expect to
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be safe from casual or hostile intrusion or surveillance, but
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does not include a place to which the public or a substantial
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group thereof has access.
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(2) Other Breach of Privacy of Messages. A person commits a
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misdemeanor if, except as authorized by law, he:
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(a) intercepts without the consent of the sender or receiver a
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message by telephone, telegraph, telegraph, letter or other means
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of communicating privately; but this paragraph does not extend to
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(i) overhearing of messages through a regularly installed
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instrument on a telephone party line or on an extension, or (ii)
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interception by the telephone company or subscriber incident to
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enforcement of regulations limiting use of the facilities or
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incident to other normal operation and use; or
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/* A BBS is a form of message by telephone, or, "other means" of
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communication. Sub-section (ii) is intended to provide only a
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very limited exception to the general prohibition on security of
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messages. The exception cannot be used to allow general review of
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message traffic. Many BBS systems are trying to get around this
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by declining to allow any private message traffic. However, if
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a system allows encrypted messages, un-encrypting of these
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messages would appear to violate the statute. */
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(b) divulges without the consent of the sender or receiver the
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existence or contents of any such message if the actor knows that
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the message was illegally intercepted, or if he learned of the
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message in the course of employment with an agency engaged in
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transmitting it.
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/* Thus, if a BBS employee goes through messages for systems for
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the purpose of maintenance, revealing the same is prohibited. */
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Downloaded From P-80 International Information Systems 304-744-2253
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Downloaded From P-80 International Information Systems 304-744-2253
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