US Appeals Court Rules That E-Mail Tracking Is Permissible

by Glen Shapiro, LawAndTax-News.com, New York

07 July 2004

Ruling earlier this month, the First US Circuit Court of Appeals argued that it was acceptable for a firm offering an e-mail service to covertly track messages sent to its subscribers.

The dispute arose when online literary clearing house Interloc, which has since ceased operations, made copies of e-mails sent to its users by rival firm, Amazon.com.

Although charges were brought against former Interloc vice-president, Brad Councilman under the US Wiretap Act, those charges were dismissed last year, a verdict which was upheld recently by the Boston-based appeals court.

The wiretapping legislation provides certain protections to messages which are not stored, but does not afford those protections to stored messages. In his defence, Mr Councilman argued that he had not violated the Wiretap Act because the e-mails in question were copied whilst they were being routed through the firm's servers to the recipients, and were therefore in "electronic storage".

Speaking to the Associated Press following delivery of the verdict, president of the Centre for Democracy and Technology, Jerry Berman announced that:

"It puts all of our electronic communications in jeopardy - voice mail; e-mail, you name it. I think it violates the letter and spirit of the statute."

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