Feds: e-mail subpoena ruling hurts law enforcement

Monday, 8 March 2004, 2:29 PM EST

A federal appeals court has declined to reverse last year's decision that the issuance of an egregiously overbroad subpoena for e-mail can qualify as a computer intrusion in violation of anti-hacking laws, despite an argument by the Justice Department that a side-effect of the ruling has already made it harder for law enforcement officials to obtain Americans' private e-mail.

The defendant in the case, Alwyn Farey-Jones, was embroiled in commercial litigation with two officers of Integrated Capital Associates (ICA) when he instructed his then-attorney, Iryna Kwasny, to send a subpoena to the company's Internet service provider -- California-based NetGate. Under federal civil rules, a litigant can issue such a subpoena without prior approval from the court, but is required to "take reasonable steps to avoid imposing undue burden or expense" on the recipient.

By Kevin Poulsen at SecurityFocus.

[ Read more ]




Spotlight

More than a third of employees would sell company data

35 percent of employees would sell information on company patents, financial records and customer credit card details if the price was right. This illustrates the growing importance for organizations to deploy data loss prevention strategies.


Weekly newsletter

Reading our newsletter every Monday will keep you up-to-date with security news.
  



Daily digest

Receive a daily digest of the latest security news.
  
DON'T
MISS

Fri, Jul 31st
    COPYRIGHT 1998-2015 BY HELP NET SECURITY.   // READ OUR PRIVACY POLICY // ABOUT US // ADVERTISE //