Saturday, February 12, 2005

~ the email privilege ~

From the chambers of da judge I have procured this piece published by Rebeccca Foote of Ford Marrin Esposito Witmeyer & Gleser, L.L.P which offers an analysis of the application of the privileged communication through email.
The Federal Communications Act of 1934 (“FCA”) prohibits unauthorized publication or interception of radio or telephone communications. While the FCA does not explicitly address modern forms of non-voice electronic communications, support for the confidentiality of email has been found in law which was designed to protect cellular telephone communications, the Electronic Communications Privacy Act of 1986. Using language broad enough to include email communications, the ECPA prohibits “intentionally intercept[ing], endeavor[ing] to intercept, or procur[ing] any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication.” Additionally, the ECPA expressly states that “no otherwise privileged wire, oral, or electronic communication intercepted . . . shall lose its
privileged character.”Read article with case citations


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