APPLYING THE WIRETAP ACT TO E-MAIL HACKING

A number of recent court decisions have addressed the issue of whether the hacking or stealing of e-mails violates the Federal Wiretap Act, reaching different conclusions. The definition of the term “intercept” was an important determining factor in these decisions.

The following questions have been addressed in this article:

Can businesses legally place cookies on their customers’ computers in light of the above decisions regarding the definition of interception under the Wiretap laws?
How have commentators reacted to the recent judicial treatment of hackers under the Federal Wiretap Act?
Can computer owners use law enforcement to protect against computer hackers?
Can a party give consent to interception?

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