[antiRepublicrat]

In a communication network, there are only electrons passing through it, which are fungible and not capable of being deemed tangible property.

Tell that to the RIAA suing all those people for downloading music. If I intercept a VOIP phone call, I'm guilty of illegal wiretapping same as if I intercepted a POTS phone call.

[frithguild]

Tell that to the RIAA suing all those people for downloading music.

It becomes tangible property once it is stored on a device owned by the end user. It is not property while it is in transmission in the network.