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In a prosecution of defendant for using computer services in a manner prohibited by the law, although a police officer intercepted a communication made by defendant, the officer did not violate the statute prohibiting wiretapping and eavesdropping because defendant implicitly consented to the recording of the communication; thus, the trial court properly allowed the State to introduce this recorded evidence. The defendant then arranged to meet "Kimmiesue87" at the State Liquor Store in Portsmouth. The court agreed with the lower appellate court's reasoning: A person sends an e-mail message with the expectation that it will be read and perhaps printed by another person. We conclude that, although Warchol intercepted a communication, he did not violate RSA chapter 570-A because the defendant implicitly consented to the recording of the communication.
The following day the defendant arrived at the agreed upon location and was arrested. The court found that although the e-mail communications were subject to the privacy act, the recording of the e-mails was not unlawful because the defendant had consented, by implication, to the recordings. To be available for reading or printing, the message first must be recorded on another computer's memory. Thus, the trial court properly allowed the State to introduce this recorded evidence.
When defendant sent an instant message to a police officer, that instant message was immediately received by the officer, recorded by the computer program and/or the officer's computer, and displayed in both defendant's and the officer's chat windows. The defendant appeals an order of the Superior Court ( T. 2001) ("Sending an e-mail or chat-room communication is analogous to leaving a message on an answering machine."). Of course, once that instant message has been recorded on the computer's memory and displayed on the screen, it can, for example, thereafter be saved to the hard drive, copied and pasted to an electronic document, or printed from the instant messaging program or the screen itself. ("The sender knows that by the very nature of sending the communication a record of the communication, including the substance of the communication, is made and can be downloaded, printed [or] saved. Indeed, instant messaging proves to be a double-edged sword for a person wishing to commit the crime of soliciting children for sex over the internet.
As the officer recorded defendant's telecommunication with his computer and/or computer instant messaging program, electronic devices that can be used to record a conversation, his action fit perfectly within the statutory definition of "intercept." RSA 570-A:1, IV. The defendant, Christopher Lott, was convicted of one class B felony count of using computer services in a manner prohibited by the law. Nadeau, J.) denying his motion to suppress evidence that he contends had been obtained by the State in violation of RSA 570-A:2 (2001) (amended 2002, 2003, 2004), which prohibits wiretapping and eavesdropping. On May 13, 2002, Detective Frank Warchol signed on to "Yahoo! IM), posing as a fourteen-year-old girl with the screen name "Kimmiesue87." Warchol entered an "internet chat room" (chat room) and quickly received a private instant message from the defendant, who was using the screen name "Chris8in2002875." The defendant directed the conversation toward sexual acts, sent a "web-cam" photo of himself and solicited "Kimmiesue87" for sex. As we noted above, "the [chat] window, while open, contains a complete history of all messages sent and received during the online conversation." Bouse, 150 S. While it provides immediate access to victims who might not otherwise be within the perpetrator's reach, it also provides a paper trail of evidence to prosecute that person should the intended recipient of the instant message communication choose to turn the evidence over to the police.
The defendant and Warchol met in a chat room, and then entered into private conversation through the use of instant message communications. If we answer both questions in the affirmative, then the recorded evidence of the communications is inadmissible under RSA 570-A:6 (2001). The [chat] window, while open, contains a complete history of all messages sent and received during the online conversation. We first note that it is unclear from the record and the parties' briefs exactly how the message archive feature of Yahoo! 503, 504 (1996) (passing reference to constitutional claim renders argument waived); Keenan v. Everyone’s path to recovery is different and with your willingness I can help you to find your own path and be your best self.""Are you battling with a substance use disorder or mental health disorder?I have worked with families, individuals and have facilitated groups.My services available in rural NH for those people who seek help for substance abuse evaluations and counseling, regardless of the stage of change they may be in.""I am a Master Licensed Alcohol and Drug Counselor.
These options are built into the instant messaging program itself and the computer in general.