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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
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  #2  
Old January 14th 04, 09:07 PM
Scot Kamins
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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
  #3  
Old January 14th 04, 09:30 PM
Francis A. Miniter
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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



  #4  
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


  #5  
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
  #6  
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/
  #7  
Old January 14th 04, 11:28 PM
Eric Bustad
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Default

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

  #8  
Old January 14th 04, 11:32 PM
Kris Baker
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Posts: n/a
Default


"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


  #9  
Old January 14th 04, 11:44 PM
Htn963
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Posts: n/a
Default

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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