bước nhảy giữa người gửi và đích đến? Nó bao gồm truy cập vào thông tin nhận được từ một đánh chặn hoạt động, ngay cả khi người đã không tham gia đánh chặn ban đầu? Câu hỏi liệu một đánh chặn đã xảy ra là trung tâm đến vấn đề liệu Đạo luật nghe trộm điện thoại áp dụng. | Chapter 2 Ethical Hacking and the Legal System 33 hops between the sender and destination Does it include access to the information received from an active interception even if the person did not participate in the initial interception The question of whether an interception has occurred is central to the issue of whether the Wiretap Act applies. An example will help to illustrate the issue. Let s say I e-mail you a message that must go over the Internet. Assume that since Al Gore invented the Internet he has also figured out how to intercept and read messages sent over the Internet. Does the Wiretap Act state that Al cannot grab my message to you as it is going over a wire What about the different e-mail servers my message goes through being temporarily stored on it as it is being forwarded Does the law say that Al cannot intercept and obtain my message as it is on a mail server Those questions and issues came down to the interpretation of the word intercept. Through a series of court cases it has been generally established that intercept only applies to moments when data is traveling not when it is stored somewhere permanently or temporarily. This leaves a gap in the protection of communications that is filled by the Stored Communication Act which protects this stored data. The ECPA which amended both earlier laws therefore is the one-stop shop for the protection of data in both states transmission and storage. While the ECPA seeks to limit unauthorized access to communications it recognizes that some types of unauthorized access are necessary. For example if the government wants to listen in on phone calls Internet communication e-mail network traffic or you whispering into a tin can it can do so if it complies with safeguards established under the ECPA that are intended to protect the privacy of persons who use those systems. Many of the cases under the ECPA have arisen in the context of parties accessing websites and communications in violation of posted terms
