Subject: [NEXTEL-1] Appeals court says companies can intercept e-mail

From: NEXTEL-1
Date: Tue, 06 Jul 2004 14:06:15 -0400

Appeals court says companies can intercept e-mail
July 01 13:25:00, 2004

WASHINGTON—A federal appeals court ruled Wednesday that companies that
provide e-mail services can intercept messages before they are delivered
to the recipient, a potential hit to privacy, warned advocates.

“It puts all of our electronic communications in jeopardy—voice mail,
e-mail, you name it,” said Jerry Berman, president of
the Center for Democracy and Technology.

The U.S. Court of Appeals for the First Circuit threw out a wiretap
conviction against Bradford Councilman, vice president
of the now-defunct Interloc Inc. Interloc was an online company that
sold rare books but also provided an e-mail service.

Councilman apparently told computer programmers to intercept messages to
Interloc’s e-mail users from Amazon.com. At
the time, Amazon did not offer rare or used books but offered to help
customers find them, said the Wall Street Journal.
He successfully argued before the First Circuit that because the
messages were in the process of being routed, he had not violated
wiretap laws that protect the interception and/or surveillance of
communication.

According to the Wall Street Journal, Judge Kermit Lipez dissented,
writing that the 2-1 ruling “would undo decades of
practice and precedent regarding the scope of the Wiretap Act and would
essentially render the act irrelevant to the protection of wire and
electronic privacy.”

http://rcrnews.com/cgi-bin/news.pl?newsId=718

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