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According to the judge the wiretapping statutes allow only interception that is 'instrumental' to providing the service to the end user, and she specifically st
by gibwell 13y ago
According to the judge the wiretapping statutes allow only interception that is 'instrumental' to providing the service to the end user, and she specifically stated the opinion that the exception is not intended to be broad enough to permit any arbitrary business model.
That's why people keep mentioning it.
- DannyBee 13y agoAh, thanks. Well then, she'll likely be overturned, unless her circuit feels like making another split. Most other circuits (except two I believe) have explicitly held it to be okay for things like behavioral advertising. See, for example, Kirch v. Embarq Management Co (10th circuit) Given ECPA does not define "ordinary course of business" in any way, and the accompanying senate reports do not say anything about the exception being related to "for the benefit of the end user" (and instead talks entirely about the need/desires of the ISPS using the communications) , I would guess the opinion will have some trouble at the appellate level, but i guess we'll see!
- gibwell 13y agoYour example case relates to browsing activity. That is very different from email.
- DannyBee 13y ago"That is very different from email." [Citation needed] If they are really different, you should easily be able to find a 10th circuit case where they've said so. (Though any pair of cases where an appeals court has said they are different would be fine!)