US Justice Dept to appeal e-mail interception case

Commentators say that unless overturned, the ruling will have a detrimental effect on e-mail privacy in the US. The case, previously detailed in IT Law & Management, concerned Bradford Councilman, a seller of rare and used books. His company, Interloc, provided book dealer customers with an e-mail service, which had been configured so that all incoming e-mail sent to dealers from Amazon.com was copied and sent to Councilman’s mailbox in addition to the recipient. The US Wiretap Act prohibits unauthorised interceptions of communications. However, a three judge panel of the First Circuit Court of Appeals upheld a lower court ruling, concluding there was no breach of the Act as tapping took place while the messages were stored on Councilman’s computer rather than being continuously in motion. The Justice Department has requested an appeal, warning that the decision could allow for monitoring of e-mail and other electronic communications by ISPs or even criminals. Full Out-Law.com report