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