Mail Privacy: Private Carriers And Federal Law

Mail opening laws in the United States apply to private carriers, as they do to the United States Postal Service (USPS). The USPS has a monopoly on mailboxes, with a law enacted in 1934 prohibiting anyone but the postal service and the customer from putting their hands in mailboxes. This law has been tested over time, with the Supreme Court upholding its constitutionality in 1981.

However, there have been proposals to open mailboxes to private carriers, such as FedEx and UPS, to help the USPS generate revenue. This proposal is not without controversy, with some arguing that it would take money away from the USPS and cause customers to choose private carriers over the postal service.

Federal laws govern the delivery of mail by private carriers, with the Private Express Statutes (PES) being a group of federal civil and criminal laws that place restrictions on the delivery of letters by organizations other than the USPS. These laws only cover letters and not other mailable items such as parcels or periodicals.

There are exceptions to the PES, including the delivery of extremely urgent letters, special messenger services, and occasional private mail delivery. It is also possible to set up a private mail delivery service known as lawful private carriage if certain conditions are met.

Opening someone else's mail is considered a serious federal offense, with potential consequences including fines of up to $250,000 and up to five years in jail.

The legality of opening mail addressed to someone else

In the United States, it is illegal to open mail that is not addressed to you. Federal statute 18 USC Section 1702 states that it is illegal for individuals to open correspondence that is addressed to other individuals. This law was created to punish those who knowingly open mail addressed to someone else, often with the intention of stealing valuable items or personal information to commit identity theft or other crimes.

However, if you accidentally open someone else's mail, you have not committed a crime, as the law requires intent. What you do after opening someone else's mail is important. Throwing the mail away is considered a crime, as you have intentionally obstructed the delivery of that correspondence. Instead, you should write "Return to Sender" or "Wrong Address" on the envelope and put it back in a mailbox so that it can be delivered to the correct person.

There are some exceptions to the law. For example, if you have been asked by a neighbour to collect and open their mail while they are away, you can do so with their permission. Similarly, if someone has passed away, the appointed executor or administrator can file a request at the Post Office to redirect their mail or remove them from mailing lists.

While the PES only cover "letters" and not other mailable items, there are some exceptions. For instance, special messenger services that deliver fewer than 25 letters per occasion for an individual or company are exempt from postage requirements. Additionally, the delivery of letters without compensation and without the affixation or payment of postage is allowed under certain circumstances, such as when a friend delivers a letter for you or when a company has one of its employees deliver mail to its customers.

The Postal Service Reorganization Act of 1970

The Postal Reorganization Act of 1970 was a law passed by the United States Congress that abolished the United States Post Office Department, which was a part of the Cabinet. It created the United States Postal Service (USPS), a corporation-like independent agency with an official monopoly on the delivery of mail in the United States.

The legislation was a direct outcome of the U.S. postal strike of 1970, during which postal workers demanded the right to collective bargaining. The Postal Reorganization Act granted full collective bargaining rights to the four major postal unions, including the right to negotiate on wages, benefits, and working conditions. However, the right to strike was not included.

The first paragraph of the act emphasizes the fundamental role of the USPS as a government-provided service, stating:

> The United States Postal Service shall be operated as a basic and fundamental service provided to the people by the Government of the United States, authorized by the Constitution, created by Act of Congress, and supported by the people. The Postal Service shall have as its basic function the obligation to provide postal services to bind the Nation together through the personal, educational, literary, and business correspondence of the people. It shall provide prompt, reliable, and efficient services to patrons in all areas and shall render postal services to all communities. The costs of establishing and maintaining the Postal Service shall not be apportioned to impair the overall value of such service to the people.

The Postal Reorganization Act also included an exemption for the USPS from Freedom of Information Act (FOIA) disclosure requirements for certain commercial information, such as trade secrets.

The Postal Accountability and Enhancement Act of 2006

The Act provided a legal definition of "postal service" and reorganized the Postal Rate Commission, now known as the Postal Regulatory Commission (PRC). It also compelled the USPS to pay in advance for the health and retirement benefits of its employees for at least 50 years. This provision was added due to pressure from the Bush administration, which threatened to veto the legislation otherwise, intending to use the money to reduce the federal deficit. The Act also stipulated that the price of postage could not increase faster than the rate of inflation and mandated that the USPS deliver six days a week.

The PAEA significantly changed how the USPS operates and conducts business, providing new flexibility in competitive pricing for shipping services. It enabled the USPS to respond to dynamic market conditions and changing customer needs for packages. The Act's guiding principles included designing a modern pricing and regulatory system, providing incentives for efficient operations, supporting the adoption of corporate best practices, promoting honest and efficient management, and allowing the USPS's competitive products to compete fairly in the marketplace.

The PAEA also included provisions related to the private carriage of letters. It revised the circumstances under which private carriers could transport letters outside of the normal mail service, allowing such carriage when:

• The amount paid to a private carrier is at least six times the rate charged for the first ounce of a single-piece first-class letter.
• The letter weighs at least 12.5 ounces.
• Private carriage is within the scope of current USPS regulations that permit it by suspending the operation of current law.

The Mail Fraud Statute

Elements of Mail Fraud

• Scheme to Defraud: This involves devising or intending to devise a scheme or artifice to defraud or engage in fraudulent acts. This includes false or fraudulent pretenses, representations, or promises to obtain money or property.
• Use of Mail: The statute criminalizes the use of the mail system or any private or commercial interstate carrier to send or deliver items as part of executing the fraudulent scheme. This includes placing items in any post office or authorized depository for mail or causing items to be delivered according to the addressee's direction.

Penalties for Mail Fraud

Violations of the Mail Fraud Statute carry significant penalties. Offenders can be fined, imprisoned for up to 20 years, or both. If the violation is related to a presidentially declared major disaster, emergency, or affects a financial institution, the penalties are even higher, with a fine of up to $1,000,000 and/or imprisonment of up to 30 years.

Obstruction of Mails

In addition to the Mail Fraud Statute, it is worth noting that 18 U.S.C. § 1701 addresses the obstruction of mails. This statute prohibits anyone from knowingly and willfully obstructing or retarding the passage of mail or any carrier transporting mail. Violation of this statute can result in a fine, imprisonment of up to six months, or both.

The information provided here offers a comprehensive overview of the key elements, penalties, and related statutes associated with the Mail Fraud Statute in the context of mail opening laws.

The Obstruction of Mail Statute

The statute states that:

> "Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, shall be fined under this title or imprisoned not more than six months, or both."

In addition to the Obstruction of Mail Statute, there are other laws in place that address specific aspects of mail obstruction. For example, 18 U.S.C. § 1702 pertains to the obstruction of correspondence and prohibits the taking of any letter, postal card, or package from a post office, authorised depository, or mail carrier, with the intent to obstruct or pry into another's business or secrets. This statute carries a fine, imprisonment of up to five years, or both.

Frequently asked questions