Wiretap Act Does Not Cover Message 'in Storage' For Short Period (was Re: BNA's Internet Law News (ILN) - 2/27/03)

[R. A. Hettinga]

At 9:01 AM -0500 on 2/27/03, BNA Highlights wrote:


> WIRETAP ACT DOES NOT COVER MESSAGE 'IN STORAGE' FOR SHORT
> PERIOD
> BNA's Electronic Commerce & Law Report reports that a
> federal court in Massachusetts has ruled that the federal
> Wiretap Act does not prohibit the improper acquisition of
> electronic communications that were "in storage" no matter
> how ephemeral that storage may be. The court relied on Konop
> v. Hawaiian Airlines Inc., which held that no Wiretap Act
> violation occurs when an electronic communication is
> accessed while in storage, "even if the interception takes
> place during a nanosecond 'juncture' of storage along the
> path of transmission."  Case name is U.S. v. Councilman.
> Article at
> <http://pubs.bna.com/ip/BNA/eip.nsf/is/a0a6m6y1k8>
> For a free trial to source of this story, visit
> http://web.bna.com/products/ip/eplr.htm

-- 
-----------------
R. A. Hettinga <mailto: rah at ibuc.com>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
-- 
-----------------
R. A. Hettinga <mailto: rah at ibuc.com>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'

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