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Story: Stanford to appeal email intercept conviction

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Posted by: Praveen Dalal (Friday 16 September 2005, 7:13 PM)

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It is important to mention that just like telephonic conversation, a conversation through electronic mail also have the backing and support of privacy rights and any unauthorised access of the same will violate the privacy rights of its holder. Further, a message in the POP up box is the “electronic property” of the mail account holder and the NSP or mail provider has no right to violate the privacy of its user unless the same is supported by the law. The same may happen, for instance, where a person is ordered to furnish any information, document, assistance etc to an authorised person on his behalf. The same may also happen when the Court directs for the same. In that case the mail provider or the NSP can validly “access” the mail account. This, of course, is subject to a specific law to the contrary. Thus, the ultimate fate of the case under consideration will depend upon the interpretation of the concerned law and the terms and conditions between the service provider and the aggrieved party.

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