..... NOW Available • Electronic Discovery in Litigation & Compliance: Corporate Litigation Readiness ..... Analysis of interviews with 269 corporate counsel offices ..... EDDix models and projects convergence of EDD and Compliance solutions ..... "Convergence has significant implications for all stakeholders – corporations, law firms, suppliers, enforcement, judiciary, regulators. We believe it is the principal trend transforming the marketplace and competitive landscape today and for the next decade" ..... “Convergence solutions will largely be driven by corporate compliance requirements and will center on e-archive frameworks with plug-and-play collaborative workflow components"; ..... GC's focused on cost and process, not fear of sanctions ..... Top Electronic Discovery Issues cited by GC’s ..... Understanding the universe of potentially responsive evidence ..... Reducing the cost of discovery without increasing risk ..... Ability to predict the total cost of discovery ..... Minimizing business disruption ..... EDDix offers f-r-e-e research topline results for Members ..... EDDix Membership is f-r-e-e .....
EDDix Views on News
'Councilman' and why Wiretaps are Not Like Stop Signs
17-Jul-04 ... Source:  EDDix  ... Notes:
 
Remember the urban-legend, stop-sign defense where the attorney tosses an apple into the air, catches it and asks the jury whether anyone saw it stop in mid-air?  We don't recall that defense working too many times for stop sign transgressors ... but apparently a similar line of reasoning holds for wiretaps (must have been a Flash presentation).
 
Per Declan McCullagh's reportage for CNet, the First Circuit Court of Appeals "ruled that federal wiretap laws draw a sharp distinction between intercepting communications that are in transit--such as a telephone call--and those that are stored, even temporarily."  Then-therefore, an email's nanosecond server layover qualifies the purloining of same as a lesser offense.
 
As always, it is the broader implications that are cause for pause and, in this case, more than a nanosecond's worth -- this decision potentially redefines the rules of engagement under which the state obtains email intercept authorization.  CDT link to U.S. v. Councilman (we found the Lipez dissent worth a read).  Hint:  it does not raise the chinning bar ...
 
Unshackled from the reporter's straight-jacket, and back home at PoliTech, Declan seems to suggest that those who have voiced alarm over Councilman  are either shrill or picking the flyshit out of the pepper (our characterization, not his).  The comment posts he has re-published from Dave Farber's IP list (i.e. fruit of Declan's purloins) are reasonable articulations of this POV.
 
In spite of its Chicken Little headline (United States v. Councilman: This Time the Sky Really *Is* Falling), we found Orin Kerr's post over at Volokh to be thoughtful (our words) and appropriately granular (not that other thing).
 
Over at Privacy Spot, here's how Heath Dixon covered the story -- be sure to read the linked discussion of email ownership by Chad King ... we thought the discussion of David Sklar's DRM for e-mail was an interesting slant.
 

Remember the urban-legend, stop-sign defense where the attorney tosses an apple in the air, catches it and asks the jury whether anyone saw it stop in mid-air? We don't recall that defense working too many times for stop signs ... but apparently a similar line of reasoning holds for wiretaps (must have been a Flash presentation).

Comments ... 'Councilman' and why Wiretaps are Not Like Stop Signs ...

 (1) You must be a MEMBER to post comments or access Views or News Archives; and, (2) All posts must conform with our policies for "Postings and Conduct" as set forth in our Terms of Use. 


 
 
ServerSideInclude - Bottom Menu
    
Back            Top of Page
© 2004-2005 EDDix, L.L.C.   All Rights Reserved
Home          Search           News           Products          Store                      About Us         My Profile          Support           Contact         Logon