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Federal Appeals Court Rules on E-Mail Wiretapping Case

From CDT: “A Federal Appeals Court on Thursday reversed a troubling ruling that prevented the Justice Department from prosecuting an e-mail service provider who allegedly intercepted and read his customers’ messages. In the case of United States v. Councilman, the full First Circuit Court of Appeals ruled 5-2 to reverse the opinion of a three-judge panel that Bradford Councilman did not violate the law by allegedly copying and reading his customers’ e-mail. The ruling sends an important message that e-mail is subject to protection, both against government wiretapping without a warrant and against misuse by service providers.”

  • Opinion by First Circuit Court of Appeals [52 pages, PDF] August 11, 2005
  • Reaction Of Sen. Patrick Leahy To The 1st Circuit’s Reversal Of The Earlier Councilman Decision On Online Privacy
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