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1997 Stan. Tech. L. Rev. 3 (1997)

handle is hein.journals/stantlr1997 and id is 1 raw text is: rStanford Technology Law Review DETOURS ON THE INFORMATION SUPERHIGHWAY: THE E ROSION OF E VIDENTIARY PRIVILE GE S IN CYBERSPACE AND BE YOND THOMAS F O'NEIL III* KEVIN P GALLAGHER** JONATHON L. NEVETT* MCI Communications Corporation, Washington, D.C.*** Cite as: 1997 STAN. TECH. L. REV. 3 (1997). I. INTRODUCTION For over a century, the fundamental technological goal of the telecommunications industry has been to conquer time and distance. Dur- ing the past several decades, telecommunications media have evolved and transmission methods, rates and volumes have increased with exponential acceleration. Regrettably, however, technological achievement has not come without a price. Almost every new technological development has been accompanied by an increase in the risk that the privacy of the communica- tions will be compromised. As a result, these technological advancements * Thomas E O'Neil III is Chief Litigation Counsel to MCI Communications Corporation and its affiliates. A 1982 graduate of the Georgetown University Law Center, Mr. O'Neil clerked for the Honorable Alexander Harvey II, United States District Court for the District of Maryland, and was an Assistant United States Attorney for the District of Maryland from 1986 to 1989. Until December 1995, Mr. O'Neil was A partner of Hogan & Hartson L.L.P., where he repre- sented many individuals and corporations in high-profile administrative, grand jury, and congres- sional investigations of public corruption, production and distribution of drugs and medical de- vices, and in particular, health care fraud and abuse. ** Kevin P. Gallagher is an Associate Litigation Counsel to MCI Communications Corpora- tion and its affiliates. Mr. Gallagher graduated from the Georgetown University Law Center in 1985. Before joining MCI, Mr. Gallagher was of counsel at Hogan & Hartson L.L.P. *** Jonathon L. Nevett is an Associate Litigation Counsel to MCI Communications Corpo- ration and its affiliates. A 1992 graduate of the Harvard Law School, Mr. Nevett clerked for the Honorable Jay C. Waldman, United States District Court for the Eastern District of Pennsylvania. Following his judicial clerkship, Mr. Nevett was an associate with the Washington, D.C. office of Kirkland & Ellis. **** The authors thank Legal Ass kwith and Christopher J. Calamari for their assistance in producing the articli Copyright © 1997 Stanford Technology Law Review. All Rights Reserved.

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