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Before trial, three Spokane County public defenders made a clever motion: they sought to suppress the use of the police print-outs of the e-mail messages and ICQ chats.
Under the Washington Privacy Act, argued Mark Hannibal, Kathleen Moran and David Blair-Loy, there is a very strong prohibition on the interception or recording of private communications by phone, radio, telegraph or other device between two or more people without the consent of all of the parties.
Also, since Kelly did not have a special court order allowing him to record Townsend's online messages, and because Townsend never gave his consent, the messages could not be used in a trial, they said. O'Connor of Spokane County Superior Court rejected those arguments.
n 12 states, it is illegal to record your own telephone conversations without the consent of the person at the other end of the line.
Facebook, Myspace, Yahoo, AOL AIM, MSN, ICQ and Jabber.
In the event your child is using another chat service, simply block access to that chat site and require them to use one of these popular chat clients.
"There is a fairly clear line of federal cases that points to the continued protection of personal communications, regardless of the technology at issue." But other experts disagreed.
Andrew Grosso, a Washington lawyer who specializes in Internet-related matters and who was once an assistant federal prosecutor, said that as a matter of common sense, e-mail messages are not the same as a telephone call.