Feds try again for wiretapping conviction Published: September 3, 2004, 10:47 AM PDT By Declan McCullagh Staff Writer, CNET News.com
The U.S. Department of Justice has asked a full appeals court to review a controversial ruling saying an e-mail provider did not violate federal wiretapping laws by allegedly reading messages meant for customers. In an unusual twist, civil liberties groups are joining the government's request to the full 1st Circuit Court of Appeals to revisit a three-judge panel's decision in June that cleared Bradford Councilman, formerly vice president of online bookseller Interloc, of federal wiretapping charges. Both legal briefs say that the 2-1 ruling sets an unfortunate precedent that effectively creates an unintentional loophole in Internet wiretapping laws--at least in the New England states that make up the 1st Circuit. "Internet service providers would be free to access the private e-mail of their customers without criminal liability (and) criminals and corporate spies could monitor private e-mail without violating the Wiretap Act," warns the government's brief, filed last Friday. "Under the rule adopted by the panel, (digital) phone calls could be captured without violating the Wiretap Act." < snip > http://news.com.com/2102-1028_3-5347251.html?tag=st.util.print -- You are a subscribed member of the infowarrior list. Visit www.infowarrior.org for list information or to unsubscribe. This message may be redistributed freely in its entirety. Any and all copyrights appearing in list messages are maintained by their respective owners.
