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Neither of case are wiretap. Incompetencies are not illegal (yet). Michael Haberler wrote:
Here's a strawman for you to to shoot down:
[snip]
Taking the "technology neutral" view, I'd say both are cases of an unlawful wiretap. For that legislation exists making the person responsible doing that, not the telco.
Now where's the difference? I wonder if we need any regulation against ENUM domain hijack at all.
Nevermind that case 2 is one of the more stupid forms of intentional wiretapping as it is in most cases hard to predict who's going to be tapped in the first place because that depends on the lucky draw of number reassignment, leave alone the unattractive timespan between intent and "success". But the case of "inadvertent wiretap by negligence" remains.
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