July 6, 2004 — (WEB HOST INDUSTRY REVIEW) — According to reports, a federal appeals court ruling this week could lead to further interpretations of the federal Wiretap Act that could have an effect on personal privacy rights.
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The first US Circuit Court of Appeals upheld a federal judge’s dismissal last year of a wiretapping charge against Branford C. Councilman, a former vice president of Interloc, a defunct online book seller. Councilman had employees write computer code to intercept and copy all incoming emails from Amazon.com to Interloc’s subscribers prior to their delivery to the intended recipients.
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Interloc was alleged to have learned about competitors to gain a competitive advantage and was charged with conspiracy to violate the Wiretap Act by intercepting Internet communications and disclosing its contents. Councilman argued that no violation took place because the emails were copied while in “electronic storage.” The court ruled that messages in storage, however “temporary” or “intermediate” such storage might be, are not protected as electronic communications under the Wiretap Act.
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Analysts are worried that the ruling could have a significant impact on the privacy of Internet communications.
