Sep 102010
 September 10, 2010  Posted by  Breaches, Court, Workplace

Bruce Vielmetti reports on the decision referred to in an earlier blog entry here today:

David Szymuszkiewicz of Cudahy worked for the IRS in Racine. When his driver’s license was suspended over a drunken driving violaton in 2003, the veteran revenue officer worried he might lose his job. So he set his supervisor’s e-mail to forward all her e-mails to his inbox, according to the federal jury that convicted him in 2008 of three felonies under the Wiretap Act.


Szymuszkiewicz, 51, was sentenced to 18 months probation and appealed, arguing, in part, that having Outlook forward work-related e-mails to his computer wasn’t really intercepting anything, since the e-mails had already landed, so to speak, with his supervisor.

If it was a crime, it was more likely a violation of the Stored Communications Act.

As the 7th Circuit U.S. Court of Appeals noted a ruling Thursday upholding the conviction, “It is risky to defend against one crime by admitting another.”


Related:  Court opinion (pdf)   Here’s a snippet from the opinion, which is an interesting read:

Szymuszkiewicz’s understanding of “interception” as “catching a thing in flight” is sensible enough for football, but for email there is no single “thing” that flies straight from sender to recipient.

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