I think that anybody who posts information to a world-wide network, even 
if it's only addressed to one person, has to be under the impression that 
others could conceivably get to it somehow. The very nature of electronic 
data means that it can "exist" in many places at once. Legalities aside, 
you have to realize this when you're sending something, and do it at your 
own risk.

Now, should people have to worry every time they send e-mail? I don't 
think we should. On the other hand, if I'm allegedly plotting a murder, 
then I'm just stupid if I leave all kinds of evidence all over the place. 
(That was not a comment on OJ, BTW)

As far as newspapers go, Jason, my $.02 is that you're talking a 
different story -- although I'm sure I could be challenged on this point. 
I guess it would depend on the situation. For example, if a suspected 
murderer writes an e-mail to his lawyer saying "I did it," and then later 
denies he did it in  testimony, lawyer-client privilege may mean that 
e-mail should be stricken from the record. If he writes to a reporter and 
says "I did it," I would guess it would be similar to an oral confession. 
I'm not a legal expert, mind you; perhaps someone could fill in some 
parts I've missed.


Jeff Greene - Asbury Park Press - The Home News & Tribune
jgreene@injersey.com - www.injersey.com/media/pressnet & .../hnt

On Thu, 25 Jan 1996, Seiken, Jason wrote:

> 
> Hi, all. I'm wondering what you think of AOL's decision to turn over 
> subscriber e-mail records to police who are investigating a New Jersey 
> murder. I've attached the Digital Ink story, in which Jane Kirtley of The 
> Reporter's Committee for Freedom of the Press says,  "This is just another 
> example to me of how imperiled the First Amendment is when its defense is 
> left in the hands of companies like this."
> 
> Is she right? Would the Washington Post Digital Ink, @Times, or the Mercury 
> Center have been as zealous about this issue as we are about reporters' 
> notebooks? Should an online newspaper insist that its platform provider 
> protect user privacy? At the very least, is there something unsettling about 
> a company that has no culture of worshipping the First Amendment being the 
> arbiter of what's released to the police?
> 
> Below is the Digital Ink story that ran yesterday, along with the full text 
> of the subpoena. We'll have a folo this afternoon, and I'd be happy to post 
> it if there's any interest.
> 
> Jason Seiken
> Editor
> Washington Post Digital Ink
> 
> 
> By Merlisa Corbett and Carol Bowers
> Digital Ink Correspondents
> Copyright 1996, Digital Ink Co.
> 
> Authorities are combing through e-mail records seized from America Online as 
> part of an investigation into the murder of a New Jersey man who allegedly 
> met his killer in an AOL chat room.
> 
> Fairfax County police removed the e-mail records Monday from AOL's Vienna, 
> Virginia, headquarters after a county magistrate issued a search warrant.
> 
> Experts say the case could signal a trend in which police use online 
> services' records of e-mail, chat, and Internet use -- records that most 
> users assume are private -- to investigate crime.
> 
> "This is becoming an enormous issue," said Marc Rotenberg, director of the 
> Electronic Privacy Information Center in Washington, D.C. "Law enforcement 
> makes frequent use of phone records. They will probably want to use online 
> service records more and more."
> 
> Jane Kirtley, executive director of The Reporter's Committee for Freedom of 
> the Press, said AOL's decision not to fight the subpoena was troubling.
> 
> "This is just another example to me of how imperiled the First Amendment is 
> when its defense is left in the hands of companies like this," Kirtley said. 
> "A lot of these companies don't even look at these questions in the ways 
> traditional news organizations have. I understand their not wanting to spend 
> money fighting these things, but they should at least notify their customers 
> that, if asked, they will cheerfully turn over their records."
> 
> The release of the records was a hot topic today in an AOL "men meeting men" 
> chat room where police believe the victim and his alleged killer first met.
> 
> "If AOL makes anything public about any of its members, I'm sure they will 
> lose 3 million of their 4 million members," said one America Online user who 
> identifies himself as Njrzee908.
> 
> Kathy Johnson, a spokeswoman for AOL, said the company received the search 
> warrant Monday and complied with it immediately.
> "That's our policy," she said. "If we do receive a search warrant we do 
> comply."
> 
> Johnson refused to comment on the type of records released to police. For 
> the full text of the order, see .
> 
> Johnson said unread mail in an AOL electronic mailbox remains stored in the 
> company's computer system for 25 days. Mail that's been read or sent by the 
> AOL subscriber remains in the computer system for five to seven days, she 
> said.
> 
> The search warrant, issued Saturday afternoon by magistrate Richard Stuckey, 
> authorized police to seize copies of "e-mail, data, messages, transcripts, 
> correspondence, information and records" from the AOL accounts of murder 
> victim Jesse Unger, suspect George Howard Hemenway and two witnesses.
> 
> New Jersey prosecutors have charged Hemenway, 44, with the murder of Unger. 
> According to the search warrant, the two met through an America Online chat 
> group called "NJM4M," which stands for New Jersey Men for Men.
> 
> The NJM4M is a user-created chat room where homosexual men in New Jersey 
> exchange messages in "real time." NJM4M is just one of hundreds of 
> user-created chat rooms that range in topics from Christian singles to 
> married people seeking affairs.
> 
> People in the NJM4M chat room today talked about the search warrant and its 
> impact on their free-flowing electronic conversations.
> 
> "Sorry to intrude, but thought you'd like to know your room made the news 
> this AM," typed Angst4Dmem.  "Be careful, AOL has been subpoenaed."
> 
> Asked whether he was concerned about private conversations online being made 
> available to police, GrrrrrBear said, "I don't think that's legal."
> 
> As for the murder, many people in the room believed this to be the act of a 
> "psycho" and that the parties involved would have found other means to meet 
> if they didn't have America Online.  "There are weirdos everywhere and its 
> our place to always be in control," said GrrrrrBear.
> 
> "Everyone is in control of their own destiny," typed Dscott9176.  "We all 
> must be responsible to make sure that we are safe."
> 
> According to the search warrant, police in East Windsor, N.J., first learned 
> of the crime through a telephone call from Michelle Benson of Trenton on 
> Jan. 4. She told police that Hemenway admitted to her that he shot Unger and 
> asked her and Timothy Brown for help in disposing of the body, the warrant 
> said.
> 
> Police then went to Hemenway's home in East Windsor, peered through basement 
> windows and saw a blue tarp on what appeared to be a body, the warrant said. 
> The body was later identified as Unger's and Hemenway was subsequently 
> arrested.
> 
> Rotenberg believes we're only seeing the beginning of an onslaught of such 
> cases. "This is testing new areas of law," said  "We really haven't been 
> taken for a ride down this road before.
> 
> Digital Ink Publisher Ralph Terkowitz said Digital Ink, if presented with a 
> court subpoena for members' e-mail records, would decide on a case-by-case 
> basis whether to fight the subpoena.
> 
> "We would try to balance our desire to protect the privacy of the individual 
> with our responsibility to the public," Terkowitz said.
> 
> Digital Ink intern LaWanda Stone contributed to this report.
> Copyright 1996, Digital Ink Co.
> 
> [Editor's note:
> This is the full text of the AOL search warrant issued by a Fairfax County 
> magistrate and the supporting affidavit filed by a Fairfax police 
> detective.]
> 
> To any policeman of a county, city or town: You are hereby commanded in the 
> name of the Commonwealth to forthwith search either in day or night America 
> Online Inc., located at 8619 Westwood Center Drive, Vienna, Virginia, 22182, 
> County of Fairfax for the following property, objects and/or persons: 
> computer electronic e-mail, data, messages, transcripts, correspondence, 
> information and records pertaining to the screen names "JMARK," "MAC0494," 
> "BIMIKE15NJ," and "SYR" on or within the America Online Inc. computer e-mail 
> system and/or records.
> 
> You are further commanded to seize said property, persons and/or objects if 
> they be found and to produce before the Fairfax County Circuit Court an 
> inventory of all property, persons and/or objects seized.
> 
> The search warrant is issued in relation to an offense substantially 
> described as follows: murder.
> 
> I, the undersigned, have found probable cause to believe that the property 
> or person constitutes evidence of the crime identified herein or tends to 
> show that the person(s) named or described herein has committed or is 
> committing a crime and further that the search should be made, based on the 
> statements in the attached affadavit sworn to by Detective Robert K. Smith, 
> 1/20/96 @ 1540.
> 
> R. Stuckey, Magistrate
> 
>  ----------------------
> 
> Affidavit
> In Support of a Search Warrant
> America Online Inc.
> 8619 Westwood Center Drive
> Vienna, Va.
> January 20, 1996
> 
> Your affiant is requesting a search warrant for an office building, 
> specifically America Online Inc. located at 8619 Westwood Center Drive, 
> Vienna, Fairfax County, Virginia. The building is clearly marked "8619" and 
> "America Online."
> 
> Your affiant, a sworn police detective with over sixteen years experience 
> with the Fairfax County Police Department, assigned to the criminal 
> investigation bureau, homicide section, investigations of numerous criminal 
> offenses, and I have attended several seminars, courses and training in 
> homicide and other criminal investigation techniques, bases the probable 
> cause for this warrant on the following facts:
> 
> On January 17, 1996, investigator Dean P. Raymond of the Mercer County, 
> State of New Jersey, prosecutor's office homicide unit, who is a duly sworn 
> officer and assigned to the investigation of the  homicide of Jesse Unger, 
> informed your affiant of the following facts:
> 
> On January 4, 1996, at approximately 9:48 p.m., a radio officer Alan 
> Goldberg of the East Windsor, State of New Jersey, Township Police 
> Department transferred an incoming phone call to Patrolman Scott Holtzclaw. 
> Officer Goldberg advised Ptl. Holtzclaw that a woman on the line state she 
> had observed a dead body at Number 3 Jeffrey Lane, East Windsor, New Jersey. 
> This female was identified as Michelle Benson of [address deleted] Trenton, 
> New Jersey. Ms. Benson stated that "Chip" Hemenway admitted to her that he 
> had shot the deceased. "Chip" Hemenway can be more particularly described as 
> George Howard Hemenway of 3 Jeffrey Lane, East Windsor, New Jersey, drivers 
> license number H24592786801572, [Social Security number deleted] date of 
> birth January 16, 1952, white male, 5'9", and 140 lbs. Ms. Benson also 
> described this person to be a white male, approximately 30 to 40 years old. 
> Ms. Benson also indicated the person she had received the telephone call 
> earlier as well as had personal contact at 3 Jeffrey Lane was known to her 
> as "Chip" Hemenway. "Chip" had told her to come over to his house. Ms. 
> Benson also told police that "Chip" Hemenway had a discussion with Tim 
> Brown. Both Tim Brown and herself had been shown the body by "Chip" 
> Hemenway. At the request of "Chip" Hemenway, both she and Tim Brown were 
> asked to assist in disposing of the body. She and Tim Brown went to the East 
> Windsor hardware store, Agway, and Shangle & Hunt to purchase tarps, rope 
> and lime. Ms. Benson advised that when she left the premises, she then 
> contacted Patrolman Holtzclaw to tell what she had observed.
> 
> Police officers of the East Windsor Police Department, Sergeant John P. 
> O'Donnell, Detective Kenneth Suplle, and Patrolman Holtzclaw responded to 3 
> Jeffrey Lane, East WIndsor, New Jersey, and were able to observe through 
> basement windows a blue tarp in the form of a body and what appeared to be 
> blood on the floor, and a white cloth article.
> 
> "Chip" Hemenway was found to be at this residence and officers from the East 
> Windsor Police Department entered the residence to check on the welfare of 
> "Chip" Hemenway's father, Lowell Hemenway, and the basement where the blood 
> and blue tarp had been observed. Patrolman Holtzclaw discovered a body, 
> later identified as Jesse Unger, under this tarp. "Chip" Hemenway was taken 
> into custody and the premises was secured and a search warrant was obtained 
> for this residence.
> 
> On January 5, 1996, Sgt. John O'Donnell of the East Windsor Police 
> Department and Investigator Dean Raymond of the Mercer County Prosecutor's 
> Office obtained a formal and voluntary statement from Timothy Brown. Timothy 
> Brown admitted assisting in attempting to dispose of the body of the victim 
> of the homicide, Jesse Unger. Timothy Brown also stated that George "Chip" 
> Hemenway had admitted to him that he was homosexual and frequently contacted 
> others on America Online and more particularly in the "Men for Men of New 
> Jersey" section. Hemenway also used America Online to communicate with 
> others via electronic.
> 
> On January 5, 1996, Sgt. John O'Donnell and Lt. William Spain obtained a 
> formal voluntary statement from Michelle Benson who admitted to involvement 
> in attempting to dispose of the body of the victim, Jesse Unger. In her 
> statement she also advised that George "Chip" Hemenway was meet (sic) over 
> the computer "via modem" and she also had contact with a R.A.R. "via modem."
> 
> On January 5, 1996, Dsgt. Joseph Bonavico obtained a voluntary formal 
> statement from R.A.R., a 15-year-old juvenile. R.A.R. states that he had met 
> the defendant, George "Chip" Hemenway, approximately one year ago by 
> communicating through the computer. R.A.R. also advised that George "Chip" 
> Hemenway has an America Online screen name of "MAC0454." The victim of this 
> homicide, Jesse Unger was also a friend of R.A.R. and Unger had a America 
> Online screen name of "JMARK."
> 
> On January 11, 1996, a search warrant was executed at the residence of 
> R.A.R. located at [address deleted] New Jersey, and obtained R.A.R.'s 
> American Online screen name "BIMIKE15NJ."
> 
> On January 11, 1996, DSgt. Joseph Bonavico obtained a voluntary statement 
> from Alan Ford, a roommate of Michelle Benson, who reside at [address 
> deleted] Trenton, New Jersey. Alan Ford stated he orginially met Michelle 
> Benson through the computer bulletin board system, and her screen name was 
> "SYR." Alan Ford had also meet R.A.R., the defendant, George "Chip" 
> Hemenway, and the victim, Jesse Unger, through the America Online system. 
> Alan Ford advised he had knowledge of George "Chip" Hemenway sending hateful 
> electronic messages to a person named Mark.
> 
> Investigator Dean Raymond, through his investigation of this offense has 
> found probable cause that America Online Inc., electronic mail (e-mail) 
> service has and was used by persons involved, or associated with either the 
> victim, Jesse Unger, the defendant, George "Chip" Hemenway, Michelle Benson, 
> Tim Brown and R.A.R. Through his experience, training and knowledge of 
> computer electronic mail and America Online Inc., that there is information 
> stored on the America Online computer system located at 8619 Westwood Center 
> Drive, Vienna, County of Fairfax, Virginia, associated with the 
> aforementioned accounts and screen names which may lead to further evidence 
> about motive, planning and commission of the murder of Jesse Unger.
> 
> Based on the aforementioned facts, which clearly indicate probable cause to 
> believe that information of evidential value is stored on or within the 
> America Online Inc. computer e-mail system and/or records. I, affiant, 
> respectfully request that a warrant be issued directing America Online Inc., 
> located at 8619 Westwood Center Drive, Vienna, Fairfax County, Virginia, to 
> render the following information:
> 
> 1. In reference to the account associated with the screen name of "JMARK" 
> belonging to Jesse Unger, of 54 Mark Twain Drive, Hamilton, New Jersey, it 
> is requested all detailed information and copies of any and all electronic 
> mail, e-mail, communications that are available and stored on or in the 
> America Online Inc. computer system and/or records be surrendered.
> 
> 2. In reference the account associated with the screen name of "MAC0454" 
> belonging to George Howard Hemenway, of 3 Jeffrey Lane, East Windsor, New 
> Jersey, it is requested all detailed information and copies of any and all 
> electronic mail, e-mail, communications that are available and stored on or 
> in the America Online Inc. computer system and/or records be surrendered.
> 
> 
> 3. In reference to the account associated with the screen name of 
> "BIMIKE15NJ" belonging to R.A.R., of [address deleted] New Jersey, it is 
> requested all detailed information and copies of any and all electronic 
> mail, e-mail, communications that are available and stored on or in the 
> America Online Inc. computer system and/or records be surrendered.
> 
> 
> 4.  In reference to the account associated with the screen name of "SYR" 
> belonging to Michelle Benson, of [address deleted] Trenton, New Jersey, it 
> is requested all detailed information and copies of any and all electronic 
> mail, e-mail, communications that are available and stored on or in the 
> America Online Inc. computer system and/or records be surrendered.
> 
> 
> 
> Affiant
> Robert K. Smith, Detective
> Fairfax County Police Department
> 
> Subscribed and sworm before me this 20th day of January, 1996.
> 
> R. Stuckey
> Magistrate
> 1/20/96 @1540
> 
> 
> 
> 

------------------------------

End of online-news-digest V1 #490
*********************************


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