Councilman decision to be re-heard by Federal court
This is an important decision, with significant implications for e-mail privacy. The fact that it's being re-heard is a Good Thing™ [via Michael Geist's Internet Law News].
In the earlier decision, a panel of First Circuit judges ruled that an email service provider did not violate criminal provisions of the Wiretap Act by monitoring the content of users' incoming messages without their consent. However, the Wiretap Act is the same law that requires the government to get a wiretap order before intercepting emails, and the panel decision could be read to eliminate this requirement. As the panel itself admitted, "it may well be that the protections of the Wiretap Act have been eviscerated as technology advances."
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