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Article Excerpt
Article by Cynthia A. Casby (Los Angeles)
Originally published September 30, 2004
The First Circuit Court of Appeals ruled in June, 2004 that it is not a violation of Title I of the Electronic Communications Privacy Act (ECPA), commonly known as the Wiretap Act, for an e-mail provider to peruse customer e-mail in search of business opportunities, even before the customers received their e-mail. The ECPA is divided into two parts, the Wiretap Act and the Stored Communications Act.1 The Wiretap Act imposes criminal penalties for intercepting or endeavoring to intercept any wire, oral, or electronic communication.
In the case of U.S. v. Councilman2, the Court upheld the lower court's dismissal of the U.S. government's charge that the defendant had conspired to engage in conduct prohibited by various provisions of the Wiretap Act. The defendant had served as the Vice President of Interloc, Inc., an online rare and out-of-print book listing service that is now defunct. Interloc provided its rare-book-dealer customers with e-mail service by giving them use of...
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