1. Slightly off the cloud computing issue, but: Do you think as the case progresses that the court will deem the messages as "private"? Since Steinbach is an elected official, and the messages in question were on a municipally-issued account – surely this correspondence could have become public record? Is it the manner in which the emails were accessed and used that's the issue?

    At a municipality in Iowa where I was webmaster, I administered webmail accounts for elected officials and they were instructed that any and all correspondence using those accounts could and would see the light of day if someone asked. Do you think a policy like this — if Steinbach were instructed that here emails were, de facto, public — would make a difference to the court? Or, rather, if the defendant had argued access was allowed under open records laws instead of federal wiretap / stored communications law?

  2. jonst

    where did the author of this opinion (or more likely, his or her clerk) get their law degree? Do you believe that CFAA analysis? Could they get more things wrong?

  3. The tech hosting company was just plain wrong here. What business do they have forwarding someone's e-mail to anyone else without their consent or knowledge?

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