PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Councilman: Just What Does it Take for a Law to Be Vague?

Wiretap

To nobody’s surprise, my colleague and electronic surveillance law expert extraordinaire Orin Kerr at the VC beat everybody to the punch in announcing that the 1st Circuit reversed the panel in United States v. Councilman.  As Kerr concisely explains the panel decision in an earlier post:

How Private is Our Email? Councilman’s unfinished business

Privacy of Email - Councilman

In United States v. Councilman, a 1st Circuit panel held that email intercepted contemporaneously with its transmission did not fall under the protections of the Wiretap Act.  The case went en banc and an opinion has yet to issue.  Orin Kerr at the VC just wrote a post about recent developments about the issue.   He writes: Congress has […]