Computer Fraud and Abuse Act, the Stored Communications Act, and unauthorized access

Monson v. The Whitby School, Inc., No. 09-1096, 2010 WL 3023873 (D.Conn. August 2, 2010)

Plaintiff Monson sued her former employer (a private school) for sex discrimination and related claims. The school filed counterclaims against Monson for, among other things, violation of (1) the Computer Fraud and Abuse Act (CFAA) and (2) the Stored Communications Act (SCA).

The counterclaims were based on allegations that Monson gained unauthorized access to the school’s email server to unlawfully view and delete email messages contained in the email accounts of other school employees. Upon learning of her impending termination, the school alleged, Monson used this unauthorized access to delete more than 1,500 email messages. Further, the school alleged that after Monson was terminated, she intentionally deleted data and software programs that resided on her school-issued computers before she returned them to the school.

Monson moved to dismiss the counterclaims. The court denied the motion.

CFAA claim

Monson argued that the school had not adequately pled that her actions — accessing and deleting data and software — were unauthorized. The court rejected this argument, finding that while it may be implausible (a la Twombly and Iqbal) that Monson wasn’t authorized to access her own email account, there was no reason to find it implausible she was not authorized to access the email accounts of others.

SCA claim

The court dismissed the SCA claim for essentially the same reason. Monson had argued that the school’s “formulaic” statement that she had accessed the stored electronic communications were not pled with enough detail to state a claim. The court found that the allegations were sufficient.

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