Legal Opinion
United States v. Councilman
Court of Appeals for the First Circuit
Decided August 11, 2005No. 03-1383PublishedCited by 110 opinions
1Opinion of the Court
Opinion En Banc
LIPEZ, Circuit Judge.
This case presents an important question of statutory construction. We must decide whether interception of an e-mail message in temporary, transient electronic storage states an offense under the Wiretap Act, as amended by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-2522. The government believes it does, and indicted Councilman under that theory. The district court disagreed and dismissed the indictment. A divided panel of this court affirmed. We granted review en banc and now reverse.1
I
A. An Introduction to Internet E-mail
The…
2Cases cited30 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- United States v. LanierSupreme Court of the United States · 1997
- Field v. MansSupreme Court of the United States · 1995
- United States v. VonnSupreme Court of the United States · 2002
- TRW Inc. v. AndrewsSupreme Court of the United States · 2001
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3Cited by110 opinions
- In Re Google Inc. Cookie Placement Consumer Privacy LitigationCourt of Appeals for the Third Circuit · 2015
- Javier Luis v. Joseph ZangCourt of Appeals for the Sixth Circuit · 2016
- National Organization for Marriage v. McKeeCourt of Appeals for the First Circuit · 2011
- Anzaldua v. Northeast Ambulance & Fire Protection DistrictCourt of Appeals for the Eighth Circuit · 2015
- Patrick Hately v. Dr. David WattsCourt of Appeals for the Fourth Circuit · 2019
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