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"misuse" of priority box - what's The Law?



 
 
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  #1  
Old January 14th 04, 06:58 PM
Scot Kamins
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Default "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
  #2  
Old January 14th 04, 09:50 PM
Kris Baker
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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


  #3  
Old January 14th 04, 10:00 PM
Scot Kamins
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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
  #4  
Old January 14th 04, 11:32 PM
Kris Baker
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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


  #5  
Old January 14th 04, 10:30 PM
paghat
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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/
  #6  
Old January 15th 04, 06:16 PM
Randy Burns
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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


  #7  
Old January 15th 04, 01:59 PM
Cathy Krusberg
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Default

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:

  #8  
Old January 14th 04, 11:44 PM
Htn963
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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
  #10  
Old January 15th 04, 09:29 AM
John Wilson
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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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