United States First Circuit

Government unsuccessfully appealed dismissal of charge against defendant for violation of the Wiretap Act (18 U.S.C. section 2510-2522), because there was no "intercept" of a communication within the meaning of the Act, where defendants allegedly interfered with email accounts they maintained for their clients.

Appellate Information

• Decided 06/29/2004
• Published 06/29/2004

Judges

• Before BOUDIN, Chief Judge, TORRUELLA and SELYA, Circuit Judges, CYR, Senior Circuit Judge, LYNCH, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John A. Drennan, Criminal Appellate Attorney, U.S. Department of Justice, with whom Michael J. Sullivan, U.S. Attorney, Paul G. Levenson, Assistant U.S. Attorney, and Paul K. Ohm, Trial Attorney, U.S. Department of Justice, were on brief, for appellant., Patricia L. Bellia and Peter P. Swire on brief for Senator Patrick J. Leahy, amicus curiae., Marc Rotenberg and Marcia Hofmann on brief for Whitfield Diffie, Edward W. Felten, John R. Levine, Peter G. Neumann, and Bruce Schneier, amici curiae., Shayana Kadidal and Carlos E. Gonzalez on brief, pro se, amici curiae., Orin S. Kerr on brief for Center for Democracy and Technology, Electronic Frontier Foundation, Electronic Privacy Information Center, American Library Association, American Civil Liberties Union, and Center for National Security Studies, amici curiae.


• For Appellees:
  
• Andrew Good, with whom Matthew Zisow and Good & Cormier were on brief, for appellee.