sorry, i wasn't yelling--i know i'm not supposed to do all-caps. i was just emphasizing. e-mail is tough becuase there is no way to convey the inflection of one's voice. inflection of voice carries meaning. e-mail loses that. sorry > -----Original Message----- > From: plug-discuss-admin@lists.PLUG.phoenix.az.us > [mailto:plug-discuss-admin@lists.PLUG.phoenix.az.us]On Behalf Of > Technomage > Sent: Tuesday, August 28, 2001 8:09 PM > To: plug-discuss@lists.PLUG.phoenix.az.us > Subject: Re: Qworst DSL - Liars! > > > you don't have to yell. > > Eric wrote: > > > > "Communications law," huh? you must be joking. This is a matter of > > criminal law. Communications lawyers, if there is such a thing, would > > specialize in the regualtion of the airwaves--i.e., FCC stuff. > "comuniations law" covers a lot more ground than that dealing > specifically with the FCC. The telco system is governed my it > as well as all "wireless" systems. > > > > > Look, everyone agrees it is not a violation of ARIZONA law to tape a > > conversation with only ONE person's consent. The issue here is > MONTANA law, > > and ITS requirements. The only issue here is how to get around the MT > > requirement that ALL parties to a conversation consent. > Several suggestions > > have been made. > only if the call is assumed to have originated in MT. otherwise, the > state > of origin has precidence. > > > > > Here is the statute for MT. Read it for yourselves, and tell > us all what is > > legal. The only answer is to tell the person straight up that you are > > taping it. You can't be coy. The point of the statute is to have ALL > > parties understand they are being taped; not to have them guess > or infer. > > > > Notice that 48-8-219 (c)i does not give an exception for any > thing suggested > > today; no defense depends on who called whom, and no defense depends on > > whether one person is out of state. > then it is in contention. at this point, federal law takes over, period. > > > > AND HERE IS 69-6-104 > > > > 69-6-104 Search Term End . Control of telephone communications > to and from a > > person holding hostages -- nonliability of telephone company officials > > > > I am not sure how this would apply under "ordinary course of business". > > Technomage Hawke > > -- > I will not be pushed, filed, stamped, indexed, briefed, debriefed, or > numbered! > My life is my own - No. 6 > ________________________________________________ > See http://PLUG.phoenix.az.us/navigator-mail.shtml if your mail > doesn't post to the list quickly and you use Netscape to write mail. > > PLUG-discuss mailing list - PLUG-discuss@lists.PLUG.phoenix.az.us > http://lists.PLUG.phoenix.az.us/mailman/listinfo/plug-discuss >