One of my client have published some telephone conversion audio files and yahoo groups mailing list email archives and some email archives on his web site and now since yesterday I am receiving threatening emails from the people involved in audio files and emails that this is abuse of Electronic Communications Privacy Act of united states of America and the web site should be shut down immediately or they will proceed for legal action against the customer and his distribution medium provider (us).

I temporarily suspended the web site and contacted the customer for more explanation and he emailed me letter from his detective (cyber or police authority) and / or attorney stating that publishing such contents on web site is not illegal because this does not harm person physically.

Since I am not from America and I don't know much in this regards I am very confused what to do.

Please help me by suggesting

Is publishing mailing list emails and telephone conversion is Illegal in united states ?
Do I have shut down the customers web site ?.

What should I do ?. Please advice.

Please do not ask me web site name of my customer or his name because I won't be able to provide you with that information to protect his privacy.

Any help or suggestion will be highly appreciated.

Thank you.

possibly check with a solicitor but it sounds a bit dodgy to me, if you are receiving threats i would shut the site down and give the guy a refund

Well, for one thing they cannot go after you without LEGALLY informing you of the crime/incorrect action. In other words the people complaining have to go to a judge, convince him and the he writes a court order stating that so and so site is violating so and so law and it must be shut down immediately. Then and only then if you do not act they can come after you. But until then their just blowing smoke. Either way I would talk with a lawyer to make sure.

<Note this is not legal advice and I could be mistaken on some points but this is my understanding of the law>

I agree. I think you took the right first step by disabling the site temporarily. This will show to the people complaining that you are taking action. I would then send them a letter stating that you are not aware of any legal violation, and that you will be letting the site in question return to active status, and then do so.

I'd give them 24-48 to respond before tunring the site back on though. Give them time to respond. Just make sure that most communications are relayed to both individuals so nobody can scream conspiracy, and make sure they are aware of it.

I would definitely talk to a lawyer soon, as I am not one, and what was stated above is just my opinion, although a fairly good one, I do believe.:D

James Cutlip

hi

thank you guys for your help. Regarding attorney, since i am from outside U.S. i spoken to my lawyer and first thing he asked me what is web site. :D

but one thing i am sure about is my client is having telephone voice recordings of people involved and email messages posted on yahoo groups of other people on his web site.

Now the client is saying he/she is not violating any laws and other parties involve are saying he/she have posted these messages and recordings without there consent.

My customer have sent me his attorneys letter advising him to take action against these people and report it to local police.

Now I am very confused between 2 people fight and I just want to know weather in U.S. publishing answering machine recordings of people without there consent is illegal or not !

The recordings was made by client on his machine. Also he is posting yahoo discussion email list messages archives on his/her web site. IS THIS ILLEGAL ?.

:rolleyes: :crap:

Here's the exact ruling on the matter by the Federal Communications Commission (FCC):
http://www.fcc.gov/Bureaus/Common_Carrier/Factsheets/record.html

The FCC protects the privacy of telephone conversations by requiring notification before a recording device is used to record interstate or foreign telephone conversations. These types of conversations may not be recorded unless the use of a recording device is:

¤ preceded by verbal or written consent of all parties to the telephone conversation; or

¤ preceded by verbal notification which is recorded at the beginning, and as part of the call, by the recording party; or

¤ accompanied by an automatic tone warning device, sometimes called a beep tone, which automatically produces a distinct signal that is repeated at regular intervals during the course of the telephone conversation when the recording device is in use.

Also, no recording device may be used unless it can be physically connected to and disconnected from the telephone line or switched on and off.

The above FCC rule requirements apply to telephone common carriers. Similar requirements are imposed on consumers through the carriers' tariffs.


Complaints about Recording Interstate
or Foreign Telephone Conversations

The FCC's role in assisting consumers who believe their telephone conversations were unlawfully recorded is generally limited to ensuring that telephone companies enforce their tariff provisions regarding recording of telephone conversations.

If you believe that someone recorded an interstate or foreign telephone conversation without complying with one of the procedures specified above, you should first contact your local telephone company for assistance. If you are unable to resolve your complaint yourself, you can send a written complaint letter to:

Federal Communications Commission
Common Carrier Bureau
Consumer Complaints
Mail Stop Code 1600A2
Washington, D.C. 20554

Your complaint letter should include the following information:

¤ You name, address, and a telephone number where you can be reached during the business day;

¤ The telephone number involved with your complaint (your home, business or other telephone number where you placed or answered the recorded call);

¤ A summary of your complaint, including:

the name, address and telephone number of the party who recorded the conversation;

the date and time of the recorded conversation;

the name of the telephone company you contacted in an effort to resolve your complaint yourself; and

the names and telephone numbers of the telephone company employees you spoke with, and the dates you spoke with them.


Recording Intrastate Conversations

Questions or complaints about recording intrastate conversations (calls placed within the same state) should be addressed to the state public utility commission for that state. You can contact your local or state consumer office to obtain the telephone number and address for your state public utility commission. This information also may be listed in the government section of your telephone directory.

I read a little more on this and a lot of third-party sites seem to state that the laws are not as tight as what the FCC states above. Quite honestly, I'd go with the FCC's interpretation to be safe. If they don't have "verbal or written consent of all parties to the telephone conversation" then it's probably not a good thing to be serving.

---

That said, and this is just my personal 2 cents' worth, if one of my clients (I'm talking my personal hosting company now) pulled this crap on me, I'd give him his walking papers.

Any client that creates any sort of legal heartache for me, or puts up content which is objectionable enough to spawn nastygrams in my e-mail box, is going to be shown the door. I don't get paid enough to put up with that level of garbage.

Make sure your terms of service have a clause that state, "any account may be suspended or terminated at any time without advance notice and without reason." :) I know it sounds UNreasonable but that way you have something to lean on when you need to shag a customer loose.

It is extraordinarily unfair that you've been put in this situation. Admittedly we don't know very much about it on our end here, but there is nothing requiring you to keep this fellow on if he's just causing you to worry and seek possible legal advice because he's not behaving himself. In the long run, he could end up costing you a lot more than just his own lost hosting revenue... lawyers and court are both expensive.

:D Bailey

Originally posted by baileysemt123
Here's the exact ruling on the matter by the Federal Communications Commission (FCC):
http://www.fcc.gov/Bureaus/Common_Carrier/Factsheets/record.html


I read a little more on this and a lot of third-party sites seem to state that the laws are not as tight as what the FCC states above. Quite honestly, I'd go with the FCC's interpretation to be safe. If they don't have "verbal or written consent of all parties to the telephone conversation" then it's probably not a good thing to be serving.

---

That said, and this is just my personal 2 cents' worth, if one of my clients (I'm talking my personal hosting company now) pulled this crap on me, I'd give him his walking papers.

Any client that creates any sort of legal heartache for me, or puts up content which is objectionable enough to spawn nastygrams in my e-mail box, is going to be shown the door. I don't get paid enough to put up with that level of garbage.

Make sure your terms of service have a clause that state, "any account may be suspended or terminated at any time without advance notice and without reason." :) I know it sounds UNreasonable but that way you have something to lean on when you need to shag a customer loose.

It is extraordinarily unfair that you've been put in this situation. Admittedly we don't know very much about it on our end here, but there is nothing requiring you to keep this fellow on if he's just causing you to worry and seek possible legal advice because he's not behaving himself. In the long run, he could end up costing you a lot more than just his own lost hosting revenue... lawyers and court are both expensive.

:D Bailey


Hello Bailey,

Thank you very much for that link. Now I am sure that he/she is violating federal laws or atleast his/her contents are questionable. :rolleyes:

I have sent this client notice of termination in violation of our TOS.

BTW, I do have all that legal stuff in my TOS. ;)

Thank you very much all guys and bailey for your help. :)