Professor Moglen,

Thank you very much for you comments. I am going to respond to them here if you will allow for it.

I entirely agree that there are far superior methods to ensure safety of stored email. After taking both your Law and the Internet Society class and this class, I am now familiar with the types of devices you have suggested people use (such as the one you described) in order to ensure their privacy. I agree that such devices would be superior methods to ensure privacy. However, I was trying address the most generally cognizable situation (and it is a sad situation) that most users of the internet currently find themselves in and analyze the law within that context. As much as I'd like to believe that society at large would adopt such devices as you have suggested en masse, I don't believe such a thing would occur in the near future. Given this, I've tried to point out what I believe are the shortcomings in the SCA given what I feel is the most realistic trajectory of the internet within the next 5 years.

I will concede that resting my assertion on the simply analogy to the telephone was a bit simplistic, but due to word constraints I tried to give as fundamental an analogy as possible. There are many more nuances to the assertion, which I regrettably had to leave out.

-- EdwardBontkowski - 12 Oct 2010