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A Busy Year In The Courts For Internet Communications
Case law in 2004 in the area of Internet communications has something in common with the hurricane season that recently ended: It has been an unusually active year.
Before 2004, decisions interpreting the Electronic Communications Privacy Act of 1986 and related federal statutes were few and far between. Considering the complexity of these statutes, the paucity of case law is not surprising.
At least two federal circuit courts have readily acknowledged the difficulties in interpreting these statutes. In fact, the very first decision to attempt to broach the implications of the federal Wiretap Act and the Electronic Communications Privacy Act as they related to Internet communications described this treacherous area of the law as “famous (if not infamous) for its lack of clarity,” in Steve Jackson Games Inc. v. U.S. Secret Service, 36 F.3d 457, 462 (5th Cir., 1994).
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The Article 8 Opt In
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