/* 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 (c) 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