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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 |
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"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 |
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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 |
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"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 |
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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/ |
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"paghat" wrote in message news 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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Kris Baker wrote:
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. I was under the impression that Media Mail packages *could* contain private correspondence -- IF said correspondence was incidental to (i.e., relevant to) the contents of the package. A change permitting such content was made in postal service regulations in (IIRC) the late 1970s, and the regulation permitting it was still in force a few years ago when I asked a postal clerk for an interpretation of the rule. I'll admit I haven't tried to check current regulations, because I'd probably be surfing the USPS site for half an hour that I don't want to spend online at the moment. Anybody know/can learn more about the current status of this topic? Cathy Krusberg Internet: |
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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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#10
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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 |
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