[7473] in cryptography@c2.net mail archive
Re: FBI announcement on email search 'Carnivore'
daemon@ATHENA.MIT.EDU (Steven M. Bellovin)
Thu Jul 13 12:53:19 2000
From: "Steven M. Bellovin" <smb@research.att.com>
To: cryptography@c2.net
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Date: Thu, 13 Jul 2000 11:17:02 -0400
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I had posted a note saying that pen register usage in New York was
barred by the courts unless a wiretap warrant had been issued. I need
to update that posting.
First, that opinion was rendered in People vs. Bialostok, 80 NY2d 738,
http://www.law.cornell.edu/cgi-bin/nyctap.cgi?80+738 But it is no
longer in force. In People vs. Martello, 99 N.Y. Int. 0113,
http://www.law.cornell.edu/ny/ctap/I99_0113.htm, the Court noted that
subsequent to the events in the earlier case, the legislature passed a
law specifically defining pen registers and providing for their use.
The earlier ban is thus no longer in effect. Furthermore, since they
had made their decision on statutory grounds, rather than
constitutional grounds, the legislature was free to change the
procedures required.
So -- I doubt that that case would have any bearing on any Federal
lawsuit.
--Steve Bellovin
