For obvious reasons, the privacy/technology/etc. portion of the web has been a’buzz with the Councilman decision. So, I collected a few of the reactions. (This isn't my normal practice, but Councilman is one of the most important 1st Circuit cases.) See our earlier coverage here and here. This post has been updated several times.
- Orin Kerr
- Scrivener's Error
- EFF gloats here. They also provide this summary, just in case you don't know what happened.
The full court's new decision makes clear that even though emails are stored in computer memory during transmission, it is still criminal to intercept those messages without the user's permission or a court-issued wiretap order. The Wiretap Act doesn't apply merely to communications that are tapped from the wire, but also covers communications that are in "transient electronic storage that is intrinsic to the communication process," according to the court.
- Center for Democracy and Technology
- Exchange Security
- IT Security
- Profsblawg (includes commentary on what it "takes for a law to be vague")