[3377] in Privacy_Forum
[ PRIVACY Forum ] Reading someone's Gmail doesn't violate federal
daemon@ATHENA.MIT.EDU (PRIVACY Forum mailing list)
Fri Oct 12 02:20:21 2012
Date: Thu, 11 Oct 2012 22:55:21 -0700
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Reading someone's Gmail doesn't violate federal statute, court finds
http://j.mp/SPkYyK (ars technica)
This new decision creates a split with existing case law (Theofel v.
Farey-Jones) as decided in a 2004 case decided by the Ninth Circuit
Court of Appeals. That decision found that an e-mail message that was
received, read, and left on a server (rather than being deleted) did
constitute storage "for purposes of backup protection," and therefore,
was also defined as being kept in "electronic storage." Legal
scholars point this judicial split as to yet another reason why the
Supreme Court (and/or Congress) should take up the issue of the Stored
Communications Act. "This [South Carolina] decision is more evidence
of how intractable and inconsistent our statutory electronic
surveillance regime has become," Woodrow Hertzog, a professor at the
Cumberland School of Law at Samford University, told Ars.
- - -
Fixing this sorry state of affairs is a major part of what the Digital
Due Process coalition is all about. - http://j.mp/QgIvWT (DDP)
--Lauren--
Lauren Weinstein (lauren@vortex.com): http://www.vortex.com/lauren
Co-Founder: People For Internet Responsibility: http://www.pfir.org/pfir-info
Founder:
- Network Neutrality Squad: http://www.nnsquad.org
- PRIVACY Forum: http://www.vortex.com/privacy-info
- Data Wisdom Explorers League: http://www.dwel.org
- Global Coalition for Transparent Internet Performance: http://www.gctip.org
Member: ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
Google+: http://vortex.com/g+lauren / Twitter: http://vortex.com/t-lauren
Tel: +1 (818) 225-2800 / Skype: vortex.com
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