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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.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.
I feel that clients deserve an empathetic therapist that will work closely with them to find strength to overcome life's obstacles.""I work with clients from various backgrounds with the belief that people can make the changes in their lives if they have the support and tools to do so.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?Though the use of chat rooms and instant messaging is now a relatively common form of communication, we will first describe these terms to avoid any confusion. RSA 570-A:2 prohibits the interception of telecommunications or oral communications, with several exceptions, including that the interception of a communication shall not be unlawful if it was intercepted with "the consent of all parties to the communication. If we answer either question in the negative, however, then the recorded evidence is admissible. As Warchol engaged in two distinct actions, as described above, we will address each action separately. RSA 570-A:1, IV states that an intercept is the recording of a communication by any electronic device that can be used for such a purpose. In Lamontagne, police officers were searching a private home pursuant to a warrant. We pointed out that the officer heard the caller speak because they were both parties to the communication, and that the caller dialed a specific phone number, heard the phone being picked up on the other end of the line, wanted the person on the other end of the line to hear him when he spoke, and continued to speak with the person who in actuality was a police officer. Similarly, in this case, the defendant and Warchol were parties to the communication, the defendant chose to communicate with Warchol, the defendant saw that Warchol received the messages, he wanted Warchol to be able to read the communications, and he continued the conversation. recording of the communications between the [defendant] and the [officer]." Id. We relied upon the fact that recording, "unlike the aural acquisition of communications by the recipient of a telephone call, [is] unknown to the caller unless the recipient of the telephone call informs the caller that the call is being . IM works, and whether enabling that feature would constitute its own interception of a communication. Similarly, we conclude here that even if Warchol illegally intercepted the instant message communication by enabling the Yahoo! We note that in his brief the defendant references the Fourth, Fifth, and Fourteenth Amendments of the Federal Constitution, and Part One, Articles Fifteen and Nineteen of the New Hampshire Constitution. In addition to allowing users to view text and images on web pages, the Internet allows users to converse with one another in real time. We first address whether Warchol intercepted a communication in violation of RSA chapter 570-A when he engaged in an instant message conversation with the defendant, and later copied the history from the chat window on his computer screen and pasted it into an electronic document. When the defendant sent an instant message to Warchol, that instant message was immediately received by Warchol, recorded by the Yahoo! We agree with the Washington Supreme Court in State v. While either a computer or a computer instant messaging program is capable of being a medium of conversation, each is also simultaneously capable of being used as a recording device. wish to consider amending the statute in light of developments in technology." Id. A telephone rang and an officer answered the phone without identifying himself. We determined that there was no interception prohibited by RSA chapter 570-A because the caller consented to the officer's aural acquisition of the communication. The difference between the present case and Lamontagne is that in the present case the conversation was recorded by the Yahoo! In Lamontagne, we stated, in dicta, that "our decision may well have been different if there had been any unauthorized . Further, it is unclear exactly what the State introduced as recorded evidence of the communication; i.e., whether the State introduced two separate records that Warchol obtained through the two above-described methods, or whether the State introduced only a single record of the communication that Warchol happened to obtain through those two methods. IM message archiving feature, the State could still properly introduce evidence Warchol obtained through the first method, which we have determined that Warchol obtained lawfully. Because the defendant has not developed his constitutional arguments, we decline to address them.