The Volokh Conspiracy
[Orin Kerr, August 11, 2005 at 3:58pm] Trackbacks
Councilman Update:
Great news -- the en banc First Circuit has issued its opinion in United States v. Councilman, a very important Internet privacy case, and reversed the district court. I'm working my way through the opinion now and will offer some thoughts later in the day. Thanks to Howard for the link.

Related Posts (on one page):

  1. Councilman and the Need for Legislative Reform:
  2. Councilman Update:
  3. Councilman and the E-Mail Privacy Act of 2005:
  4. Councilman Merits Briefs:
  5. First Circuit Grants Rehearing in Councilman Case:
  6. United States v. Councilman: This Time the Sky Really *Is* Falling:
Richard Campbell (mail):
My student comment urging Councilman's reversal is now deemed prescient, although I do wonder what took them 8 months.

I will also be downloading and seeing how much of my rationales the Court (unknowingly) adopted...
8.11.2005 5:16pm
42USC1983 (mail):
I see that you wrote an amicus brief for the ACLU. I knew you were a rapid liberal. (And what more proof do I need of this then your writing an amicus brief? Just ask NARAL.)
8.11.2005 9:30pm
Richard Campbell (mail):
After reading the opinion, I note that the court ignored what always seemed to me to be one of the strongest pieces:

Councilman was using 1980s software, sendmail and procmail.

Congress either had to have screwed the statute up from the beginning in 1986 or have intended to cover exactly this conduct.

The court got there eventually, but not even a footnote for the timeline?

1979 - delivermail, sendmail forerunner.
1983 - sendmail released.
1986 - Electronic Communications Privacy Act.
1991 - procmail released.
1998 - Councilman orders interception of emails.
8.11.2005 9:58pm

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