Legal Opinion

United States v. Councilman

District Court, D. Massachusetts

Decided February 12, 2003No. 1:01-cv-10245PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM AND ORDER ON RECONSIDERATION OF DEFENDANT’S MOTION TO DISMISS COUNT ONE (Docket No. 26)

PONSOR, District Judge.

The Government charges the defendant, in Count One of this two-count indictment, with conspiracy to violate 18 U.S.C. § 2511(l)(a), (c), (d), and (3)(a) (the “Wiretap Act”). In essence, the Government says that the defendant “intercepted” certain electronic communications traveling through his electronic mail service and attempted to use them improperly for commercial gain.

Based upon a stipulation with the Government, the defendant moved to dismiss Count One on the ground…

2Cases cited2 opinions

  1. Robert C. Konop v. Hawaiian Airlines, Inc.Court of Appeals for the Ninth Circuit · 2002
  2. Steve Jackson Games, Inc. v. United States Secret ServiceCourt of Appeals for the Fifth Circuit · 1994

3Cited by9 opinions

  1. United States v. CouncilmanCourt of Appeals for the First Circuit · 2005
  2. United States v. CouncilmanCourt of Appeals for the First Circuit · 2004
  3. Byrd v. Aaron's, Inc.District Court, W.D. Pennsylvania · 2014
  4. United States v. RoppDistrict Court, C.D. California · 2004
  5. Councilman v. Alibris, Inc.District Court, D. Massachusetts · 2005

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