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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.I utilize a person centered and relational approach coupled with cognitive behavioral therapy, mindfulness and solution focused therapy.
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. One method of doing so is through a "chat room." A chat room is a meeting place for Internet users. "Intercept" is defined by statute as "the aural or other acquisition of, or the recording of, the contents of any telecommunication or oral communication through the use of any electronic, mechanical, or other device." RSA 570-A:1, III (2001). IM program and/or Warchol's computer, and displayed in both the defendant's and Warchol's chat windows. Townsend, a case involving the interpretation of a similar statute, that "[w]hile one could certainly mount a cogent argument for the proposition that the privacy act should not apply when the recording of the transmission is done in a non-surreptitious way on a device that is also used for communication, the plain language of the statute covers such recording." State v. We note, as did the court in Townsend, "that the legislature may . As communications technology continues to develop, RSA chapter 570-A may become more difficult for law enforcement officers to comprehend if its provisions do not encompass current forms of communication. When the caller asked if "Reuben" was speaking, the officer, though not "Reuben," answered affirmatively and arranged for the caller to come to the house to purchase marijuana. We need not, however, remand this case for further findings. If, on the other hand, the State introduced two separate recordings of the instant message conversation, we need not address whether the court properly allowed the State to introduce the recording obtained by the second method because the trial court properly allowed the State to introduce evidence of the recording that Warchol obtained when he copied and pasted the history from the chat window into an electronic document. Users typically log into a chat room under a pseudonym or "screen name." Chat rooms are usually organized around topics of interest to users including, for example, college football, the music of Bob Dylan, or gardening. An electronic, mechanical, or other device is defined by statute as "any device or apparatus which can be used to intercept a telecommunication. As Warchol recorded the defendant's telecommunication with his computer and/or computer instant messaging program, electronic devices that can be used to record a conversation, his action fits perfectly within the statutory definition of "intercept." The State argues, and the trial court found, that neither the computer nor the computer instant messaging program should qualify as an electronic device that can be used to intercept a communication, because each device is a medium for the communication. We recognize that the statutory definitions of "intercept" and "electronic, mechanical, or other device" have not changed in any meaningful way since 1988, when internet communications technology was in a nascent stage of development. Although we conclude that Warchol intercepted the defendant's communications, we conclude that the defendant, as a matter of law, consented to the recording of his communications. After the caller was arrested and charged, he argued that the court should suppress the telephone conversation because it was intercepted in violation of RSA chapter 570-A. If the State sought to introduce only one piece of evidence obtained through two methods, we need not address whether Warchol obtained the evidence in violation of RSA chapter 570-A by employing the second method, because we have already concluded that he obtained the recorded evidence legally by employing the first method. Mac Millan, we held that even if a detective illegally intercepted a communication by recording it, he could still testify to his personal knowledge of that communication that he had obtained by legal means. Even if the recording obtained by the second method was admitted in error, that error would be harmless beyond a reasonable doubt as the evidence, identical in form and content to the lawfully-obtained recording, is merely cumulative. These options are built into the instant messaging program itself and the computer in general.Weitz & Luxenberg is accepting cases involving birth defects in children whose mothers used wakefulness medications Provigil (modafinil) or Nuvigil (armodafinil) during pregnancy.