There are two issues to remember when using computers, software, online chat rooms, and related online resources…PRIVACY and AUTHORIZED ACCESS.  This tip sheet summarizes both, but computer users must be aware of requirements specific to their employer/office, online service provider, and pertinent local, state, and federal laws.

PRIVACY
Without a warrant, the government can not tap an individual’s telephone, and a person reading someone’s personal mail can be prosecuted.  Electronic mail (email), however, is not protected by law.  Service providers (AOL, et al) are permitted to maintain a log of messages transmitted and received.  The email address you send is recorded, and numerous items about the message can be captured:  size of the email, date/time when it was sent, whether it included a file (file type is identifiable),  and whether a different return address was used.

If a message is posted to a public bulletin board or list, it is NOT a violation for someone to intercept, use, and/or disclose that message.  If the contract with the service provider says that they can intercept messages, then subscribers waive their right to privacy.

The screen name used by the sender can be traced to the account owner.  Even a screen name such as “Anon2222” that is used to post a message (then erased ) can still be traced.  “Anonymous servers”, many of whom are overseas and think they are not subject to the law, can strip the identity of the sender before sending or forwarding it. However, these providers are also opening their files to legal authorities.  In l995, a large email server in Finland cooperated with the F.B.I. to locate a specific user.

When accessing an Internet site, the software being used will record previous sites accessed by the user.

COLORADO PRIVACY LAWS

 Colorado requires a court order to determine what material someone checks out from a public library.
(CRS 24-90-119)  There is no such privacy for Internet material use.  Additional information as to storage, retrieval, and inspection of computer records can be found in CRS 24-72-201 and 24-72-204.5.

ACCESS
It is a crime to gain unauthorized access (hacking) into stored communications on a computer system either by gaining access without permission or by exceeding the authorization you have been granted.
Computer crime is illegal in Colorado. (CRS 18-5.5-101 and -102)