/First Circuit vacates its prior opinion in U.S. v. Councilman which held that the ECPA does not prevent interception of e-mail

First Circuit vacates its prior opinion in U.S. v. Councilman which held that the ECPA does not prevent interception of e-mail

Source |2017-06-26T18:40:59+00:00Nov 11th, 2004|Categories: LegalEthics, Post|Tags: |0 Comments

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).

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