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Court To Reconsider Decision On ISP Mail Snooping

Posted by timothy on from the that's-nice dept.

thpr writes "In June, Slashdot reported that ISPs can read email (according to a decision by the 1st circuit court of appeals). In short, the court felt it was not a violation of U.S. wiretap laws. Last month, the Justice Department asked for the full court to reconsider the decision. C-Net now reports that the court will 'reconsider its June 29 decision'. Arguments are scheduled for Dec 8."

1 of 186 comments (clear)

  1. Stored Communications Act? by spiritraveller · · Score: 4, Informative
    You can read the June opinion here.

    You can read the order for an en banc rehearing here.

    One of the questions they ask the parties to argue for the rehearing is "Whether the conduct at issue in this case could have been additionally, or alternatively, prosecuted under the Stored Communications Act?".

    Hmmm, I wonder what the Stored Communications Act is? It seems the court might be worried that the SCA (whatever it is) already applies to email-snooping, so that the Wiretap Act should not apply.