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.