Well, that's too generic of a statement for me to really want to get too far into, but no, the purpose of the software doesn't matter in regards to the question of whether or not the data traffic is in the public domain in the first place.
Either sniffers have a right to view your (and everyone else's) coincidental data packets while they are diagnosing technical problems AND other software on other machines have a similar right to examine data packets OR only the intended reciever of the data has the right to read packets (which would shut down the Internet because reading packets is REQUIRED for routing and technical diagnostics).
Yes, it does.
You know, even under the "Patriot" Act, they have to get a judge to get permission to read your content. They don't have to show probable cause, but they do need to go to a judge. Would they need that if it were public domain?
Either sniffers have a right to view your (and everyone else's) coincidental data packets while they are diagnosing technical problems AND other software on other machines have a similar right to examine data packets OR only the intended reciever of the data has the right to read packets (which would shut down the Internet because reading packets is REQUIRED for routing and technical diagnostics).
False choice. There are other options, specifically, only the intended HUMAN recipient has a right to read it without a warrant. How hard is that to understand? There's a difference between computers passing it over and even checking for technical problems, and another PERSON reading it. Are you even capable of understanding my point, or are you simply an idiot?