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Groups Support Justice Department in E-Mail Privacy Case

The American Library Association and three public-interest groups filed an amicus brief September 3 supporting the U.S. Department of Justice’s request for a rehearing of a case concerning e-mail privacy.

In June, the U.S. Court of Appeals for the First Circuit, in United States v. Councilman, affirmed a lower court’s decision that an e-mail provider could intercept and read e-mails while they were in temporary storage, such as on a library’s hard drive, if delivery to the recipient was not delayed.

“We believe that the court’s ruling, which gives Internet service providers the right to open and read customer e-mails for their own competitive business advantage, is a dangerous precedent,” said ALA Washington Office Executive Director Emily Sheketoff. “The court’s interpretation creates a loophole for law enforcement agents to intercept the e-mail of library patrons without a warrant.”

Joining ALA in filing the amicus brief were the Center for Democracy and Technology, the Electronic Frontier Foundation, and the Electronic Privacy Information Center.

Posted September 3, 2004.

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