The First Circuit vacates its prior opinion in U.S. v. Councilman (1st Cir. 2004), which held that the ECPA does not prevent interception of e-mail as it is stored in a router. The First Circuit is taking the case for en banc rehearing. The outcome could be important to the question of whether lawyers can send plaint text (unencrypted) e-mail. (See professor David Hricik’s article, Lawyers Worry Too Much about Transmitting Client Confidences by Internet E-mail,” 11 Georgetown Journal of Legal Ethics 459 (No.3 1999).