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STEVE JACKSON GAMES, INC. v. U.S. SECRET SERVICE

No. 93-8661.

36 F.3d 457 (1994)

STEVE JACKSON GAMES, INCORPORATED, et al., Plaintiffs-Appellants, v. UNITED STATES SECRET SERVICE, et al., Defendants, United States Secret Service and United States of America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 31, 1994.

Attorney(s) appearing for the Case

Peter D. Kennedy, R. James George, Jr., George, Donaldson & Ford, Austin, TX, for appellants.

Sharon Steele, Washington, DC, for amicus curiae Electronic Frontier Foundation.

Scott McIntosh, Barbara Herwig, U.S. Dept. of Justice, Washington, DC, for appellees.

Before HIGGINBOTHAM, JONES and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The narrow issue before us is whether the seizure of a computer, used to operate an electronic bulletin board system, and containing private electronic mail which had been sent to (stored on) the bulletin board, but not read (retrieved) by the intended recipients, constitutes an unlawful intercept under the Federal Wiretap Act, 18 U.S.C. § 2510, et seq., as amended by Title I of the Electronic Communications Privacy...

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