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Appeals court rules in e-mail wiretapping case: So what?

Posted at 2004-07-06 23:01:25 by Declan McCullagh
in Politech category "privacy/wiretapping"

A federal appeals court last week tossed out a prosecution of Bradford Councilman in which he was accused of unlawfully reading e-mail on a computer he controlled. The immediate reaction from many corners was that this is a travesty of justice: Our privacy is forever lost!

I'm not so sure (feel free to read my News.com article). It seems to me that the folks who are most upset about this haven't read the court's opinion carefully, and those that have are discounting the ability of state law and tort sanctions to keep people in line. There are other mechanisms than just federal wiretapping law that can enforce good behavior. Following are three interesting replies on the topic shamelessly stolen from Dave Farber's IP list.


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