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GESMER UPDEGROVE LLP
TECHNOLOGY LAW BULLETIN
Vol. XII, No. 2
Fall 2004
First Circuit Ruling Curtails Wiretap Act Protection **
A recent First Circuit case severely undermined the practical reach of the Wiretap Act, which preserves the privacy of communications such as emails and telephone calls. The case, United States v. Councilman, concerned an Internet Service Provider that surreptitiously intercepted some of its customers' emails. The Court concluded that the Wiretap Act did not apply due to the way emails are transmitted over the Internet. In this article, Joseph Laferrera explores the contours of the case and explains how the logic of Councilman may leave telephone calls also vulnerable to snooping.
** Since this article was written, the First Circuit has issued another decision reversing itself on this case. A brief update can be found here.
Granting Employees Stock Under Federal and State Securities Law
Google's recent IPO was preceded by a flurry of activity by the company, including an offer by the company to buy back shares of employee-held stock that way have been issued in violation of federal and state securities rules. Armed with this example, Peter Moldave explains some of the rules and requirements that attend to grants of stock to employees.
Events and Announcements
Information about upcoming seminars, including information about Standards Setting Organizations and Consortia, can be found here.
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