First Circuit case supports position that encryption not required for e-mail use

On August 11, 2005, the First Circuit issued its en banc decision in U.S. v. Councilman, 2005 WL 1907528 (1st Cir. Aug. 11, 2005), where it held that interception of e-mail while on its way to the recipient violated the Electronic Communications Privacy Act. This case lends strength to the position of those who believe that attorneys may use e-mail without encryption.