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"misuse" of priority box - what's The Law?
Folks,
From time to time (as in another current thread) the issue of using Priority Mail boxes for media mail purposes comes up for discussion. The question is whether using these boxes for other-than priority mail is against the law. There MUST be lawyers who read this newsgroup. Will someone who actually knows what s/he is talking about from a LEGAL point of view please enlighten us on the issue? Scot Kamins -- Collecting the Modern Library 1917-1970 Modern Library Collecting Website at: http://www.dogeared.com |
In article ,
"michael adams" wrote (quoting something from some website): I understand that Express Mail®, Priority Mail®, Global Express Guaranteed®, Global Express Mail® and Global Priority Mail® packaging is the property of the United States Postal Service and is provided ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^ solely for sending Express Mail®, Priority Mail®, Global Express ^^^^^^^^^^^^^^^ Guaranteed®, Global Express Mail® and Global Priority Mail®. Misuse may be a violation of federal law. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ This, of course, does not answer the question. The statement "Misuse may be a violation of federal law" says nothing. Let me repeat: "Will someone who actually knows what s/he is talking about from a LEGAL point of view please enlighten us on the issue?" Scot Kamins -- Collecting the Modern Library 1917-1970 Modern Library Collecting Website at: http://www.dogeared.com |
Comment from a lawyer. It would seem to me that the interest that the
USPS would want to protect is that of getting a return on the investment of providing free packaging materials. If you took their boxes and sent them via UPS or FedEx, etc., there would be a loss of revenues to the USPS. The use of USPS materials could then be viewed by the Feds as a theft - either of property or services - and a theft is, of course, a criminal act. The theft would be more than a common law offense as government property is involved, and I believe (I have not taken the time to look it up) there is a specific federal law dealing with theft from the U.S. Government. I do not think that "misuse" generally could be a crime. First, it would probably be constitutionally void for vagueness. Second, there would be the problem of why a recipient might be able to use a priority box to store things in, but a would-be sender cannot. Third, the privacy interest of the person in possession of free government materials in their own home or place of business would be weighed against the interest of the government in generating revenues, and the latter would be likely to be found wanting, except where the packaging is discovered to be used to send materials with private carriers, as that directly affects the revenue stream. Francis A. Miniter Scot Kamins wrote: In article , "michael adams" wrote (quoting something from some website): I understand that Express Mail®, Priority Mail®, Global Express Guaranteed®, Global Express Mail® and Global Priority Mail® packaging is the property of the United States Postal Service and is provided ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^ solely for sending Express Mail®, Priority Mail®, Global Express ^^^^^^^^^^^^^^^ Guaranteed®, Global Express Mail® and Global Priority Mail®. Misuse may be a violation of federal law. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ This, of course, does not answer the question. The statement "Misuse may be a violation of federal law" says nothing. Let me repeat: "Will someone who actually knows what s/he is talking about from a LEGAL point of view please enlighten us on the issue?" Scot Kamins -- Collecting the Modern Library 1917-1970 Modern Library Collecting Website at: http://www.dogeared.com |
"Scot Kamins" wrote in message ... Folks, From time to time (as in another current thread) the issue of using Priority Mail boxes for media mail purposes comes up for discussion. The question is whether using these boxes for other-than priority mail is against the law. There MUST be lawyers who read this newsgroup. Will someone who actually knows what s/he is talking about from a LEGAL point of view please enlighten us on the issue? Scot Kamins -- Collecting the Modern Library 1917-1970 Modern Library Collecting Website at: http://www.dogeared.com Non-attorney (don't yell at me, Scot). This comes up frequently. I've sent the question to the USPS postal inspectors for a reading. I asked for a legal opinion, definition of misuse, penalties, and what (if anything) should be done if such a shipment is received. If I get an answer, I'll pass it along verbatim. One point to note: USPS recently began putting all mailers on notice that Media Mail can (and will be) opened for inspection. This is not a new rule; First Class and Priority (package First Class) requires a warrant before inspection, but lower classes that cannot contain private correspondence are not (and have never been) exempt from inspection. One shipper noted that his PO was requiring all Media Mail packages to be presented unsealed, so that the contents could be inspected prior to shipment. Some buyers are reporting that they're receiving packages that have been obviously opened, inspected and resealed. Kris |
In article ,
"Kris Baker" wrote: Non-attorney (don't yell at me, Scot). I would NEVER yell at YOU, Kris. :-D Scot Kamins -- Collecting the Modern Library 1917-1970 Modern Library Collecting Website at: http://www.dogeared.com |
In article , "Kris
Baker" wrote: One shipper noted that his PO was requiring all Media Mail packages to be presented unsealed, so that the contents could be inspected prior to shipment. Some buyers are reporting that they're receiving packages that have been obviously opened, inspected and resealed. Kris Some while ago (during the Unibomber's antics) every book package I shipped got delayed -- sometimes by factors of a couple of months -- & in trying to track what happened it turned out packages were being warehoused near San Francisco in order to be opened & inspected, but without funding for enough inspectors. One customer who waited long for a huge package of many books wrote me afterward that it was clear that one end of every separately wrapped book had been opened & clumsily retaped. Presumedly they're no so slow & sloppy about inspections since the anthrax mailings & actually have funds for it, but anyone expecting privacy in their mail is deluding themselves, & emails & these newsgroups are also being monitored -- one doesn't need to be a paranoid anymore to understand Big Brother really is watching. And everyone says they feel SO safe until they're dragged off to jail & denied access to attorneys for the high crime of checking the wrong book out of the library. -paghat the ratgirl -- "Of what are you afraid, my child?" inquired the kindly teacher. "Oh, sir! The flowers, they are wild," replied the timid creature. -from Peter Newell's "Wild Flowers" See the Garden of Paghat the Ratgirl: http://www.paghat.com/ |
Wildwood wrote:
Finally... "Kris Baker" has come back to rec.collecting.books... "Scot Kamins" wrote in message ... Folks, From time to time (as in another current thread) the issue of using Priority Mail boxes for media mail purposes comes up for discussion. The question is whether using these boxes for other-than priority mail is against the law. There MUST be lawyers who read this newsgroup. Will someone who actually knows what s/he is talking about from a LEGAL point of view please enlighten us on the issue? Scot Kamins -- Collecting the Modern Library 1917-1970 Modern Library Collecting Website at: http://www.dogeared.com Non-attorney (don't yell at me, Scot). This comes up frequently. I've sent the question to the USPS postal inspectors for a reading. I asked for a legal opinion, definition of misuse, penalties, and what (if anything) should be done if such a shipment is received. If I get an answer, I'll pass it along verbatim. One point to note: USPS recently began putting all mailers on notice that Media Mail can (and will be) opened for inspection. This is not a new rule; First Class and Priority (package First Class) requires a warrant before inspection, but lower classes that cannot contain private correspondence are not (and have never been) exempt from inspection. One shipper noted that his PO was requiring all Media Mail packages to be presented unsealed, so that the contents could be inspected prior to shipment. Some buyers are reporting that they're receiving packages that have been obviously opened, inspected and resealed. Kris I was one of the people (in another newsgroup) who reported opened media mail items being delivered to their buyers. To preface, I typically ship a minimum of 200-300 books and VHS videos a month, with the vast majority being shipped media mail. I am well known at the post office and I no not meter my packages (postal emplyees handle, weigh and add postage to the packages when I come in). I use shipping labels generated by the USPS Shippng Assistant with electonic Delivery Confirmation. I shipped 2 common, cheap paperbacks via media mail (each after Christmas, each on a different day, and both after the post office posted the new "media mail may be opened" signs). Each was packed in the same manner: book in ziploc-style baggie cardboard that was wider than the book wrapped around the book and taped in place cardboard wrapped book placed in padded envelope, shipping label added and flap doubly tapes shut, reinforcing the gummed flap (sometimes the gum doesn't hold). Each of those books arrived in the buyer's mailbox in a sealed clear plastic bag. That bag contained the book and all of the original packaging, with the padded envelope having been cleanly cut open along one edge (no ragged edges, just a single cut the length of the envelope). There was nothing missing, and no extra correspondance from USPS added (like the "OOPS" form letter they include when a letter gets caught in machinery and damaged), so I have no "proof" that they were inspected. However, the circumstantial evidence makes it clear in my mind that they were opened somewhere (probably the local bulk mail sorting facility). Since both packages were "legal," nothing else happened. I'd imagine that if they were non-qualifying (either by contents or by using priority mail supplies), they would either be returned to sender or delivered postage due to the recipient. Bill I wonder if the USPS would be liable for damages if the book had been damaged by sloppy opening or by not being correctely repackaged afterwards? = Eric |
"Scot Kamins" wrote in message ... In article , "Kris Baker" wrote: Non-attorney (don't yell at me, Scot). I would NEVER yell at YOU, Kris. :-D Scot Kamins -- You're a wise, wise, man ;) Kris |
Scot Kamins wrote in message ...
Folks, From time to time (as in another current thread) the issue of using Priority Mail boxes for media mail purposes comes up for discussion. The question is whether using these boxes for other-than priority mail is against the law. There MUST be lawyers who read this newsgroup. Will someone who actually knows what s/he is talking about from a LEGAL point of view please enlighten us on the issue? Or you can just ask a knowledgeable and trustworthy US postal clerk whom you are on good terms with, which is what I did today. She confirms that the use of the USPS's priority mail boxes, even old ones, for any other use than their eponymous function is definitely a violation of the rules. Usually they warn you the first time or just charge you the priority rate; subsequent acts is "actionable." -- Ht |
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In article ,
"michael adams" wrote: Its called COMMON SENSE We're not talking about "common sense." We're talking about what's legal and what isn't. Scot Kamins -- Collecting the Modern Library 1917-1970 Modern Library Collecting Website at: http://www.dogeared.com |
"Francis A. Miniter" wrote in message
... Comment from a lawyer. It would seem to me that the interest that the USPS would want to protect is that of getting a return on the investment of providing free packaging materials. If you took their boxes and sent them via UPS or FedEx, etc., there would be a loss of revenues to the USPS. The use of USPS materials could then be viewed by the Feds as a theft - either of property or services - and a theft is, of course, a criminal act. The theft would be more than a common law offense as government property is involved, and I believe (I have not taken the time to look it up) there is a specific federal law dealing with theft from the U.S. Government. "Whoever steals, purloins, or embezzles any property used by the Postal Service, or appropriates any such property to his own or any other than its proper use, or conveys away any such property to the hindrance or detriment of the public service, shall be fined under this title or imprisoned not more than three years, or both; but if the value of such property does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both."--18 U.S.C. sect. 1707. The Domestic Mail Manual, which is part of the CFR by incorporation, also specifies that any mail sent in Priority Mail packaging, no matter how altered, is subject to Priority Mail rates. DMM E120.1.4 William M. Klimon http://www.gateofbliss.com |
Htn963 wrote:
the use of the USPS's priority mail boxes, even old ones, for any other use than their eponymous function is definitely a violation of the rules. Would this apply to mail sent from abroad? I frequently receive packages here in Japan in US global priority packaging, and just as frequently recycle that packaging when sending packages abroad, often - though not always - to the US. I sometimes turn the packages inside out, and in any case much of the surface area tends to be concealed by the thick brown paper tape I generally wrap them with, but the packaging is still fairly easily identifiable. Sometimes, of course, I do ship such items by EMS (which is trackable via the USPS global priority online tracker service, so I presume it is in partnership), but I also send such packages by regular airmail. I have never had a recipient complain that they were charged at a higher rate or received notice from any quarter that anything was amiss. Have I merely been lucky, or can I continue to send packages in this way without worrying about it? John http://rarebooksinjapan.com |
"paghat" wrote in message ... Some while ago (during the Unibomber's antics) every book package I shipped got delayed -- sometimes by factors of a couple of months -- & in trying to track what happened it turned out packages were being warehoused near San Francisco in order to be opened & inspected, but without funding for enough inspectors. This still leaves one unanswered question: did the Unibomber use bubble wrap? Randy |
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