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 [...]
Archive for the ‘Privacy’ Category
Computer Fraud and Abuse Act, the Stored Communications Act, and unauthorized access
August 18th, 2010
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Illinois court sets standard for unmasking anonymous commenters
June 17th, 2010
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Maxon v. Ottawa Pub. Co., — N.E.2d —, 2010 WL 2245065 (Ill.App. 3 Dist. June 1, 2010) The rules of civil procedure in Illinois permit an aggrieved party to file a petition with the court asking for an order requiring unknown potential defendants to be identified. This is called a Rule 224 petition. A couple [...]
Access to private email server supports Stored Communications Act claims
June 15th, 2010
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Devine v. Kapasi, 2010 WL 2293461 (N.D. Ill. June 7, 2010) Kapasi and Devine were equal shareholders in a corporation. In August 2009, the two decided to part ways. The corporation transferred one of its servers to Devine, and he immediately put it into the service of his new company. After the server was transferred, [...]
Judge: the concept of internet privacy is a fallacy upon which no one should rely
May 4th, 2010
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People v. Klapper, — N.Y.S.2d —, 2010 WL 1704796 (N.Y.City Crim.Ct., April 28, 2010) Let’s hope that’s an overstatement. A recent case from a criminal court in New York dealt with whether an employer violated the state’s law prohibiting unauthorized use of a computer (Penal Law 156.05). Though the court probably came to the right [...]
Emails sent through Yahoo account using work computer protected under attorney-client privilege
March 31st, 2010
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The New Jersey supreme court has held that emails an employee sent to her lawyer using her company-issued computer and a personal Yahoo account are protected by the attorney-client privilege. Stengart v. Loving Care Agency, Inc., — A.2d —, 2010 WL 1189458 (N.J. March 30, 2010) The New Jersey courts have a reputation of being [...]
Lawsuit against state officials for privacy violation moves forward
January 21st, 2010
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Welch v. Theodorides-Bustle, — F.Supp.2d —, 2010 WL 22365 (N.D. Fla., January 5, 2010) Plaintiff sued the Florida Department of Highway Safety and Motor Vehicles and a number of state officials for violation of the federal Driver’s Privacy Protection Act, 18 USC ยง2721-25. Plaintiff claimed that the defendants turned over a large amount of protected [...]
Death scene photos posted on the web did not subject coroner to liability
November 5th, 2009
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Werner v. County of Northampton, 2009 WL 3471188 (3rd Cir. October 29, 2009) (Not selected for official publication). Plaintiff’s son died in the family home. No one seems to know for sure whether it was an accident or suicide. Even Plaintiff gave conflicting statements to the court — in his complaint he said it was [...]
Group sex photos case heads to trial
October 7th, 2009
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Peterson v. Moldofsky, No. 07-2603, 2009 WL 3126229 (D.Kan. September 29, 2009) Defendant took pictures of his ex-girlfriend “engaged in various sex acts with two other people.” Later he emailed some of the photos to his ex-girlfriend’s mother, ex-husband, ex-in laws, boss and co-workers. The ex-girlfriend sued for intentional infliction of emotional distress and invasion [...]
Email snooping can be intrusion upon seclusion
August 31st, 2009
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Analysis could also affect liability of enterprises using cloud computing technologies. Steinbach v. Village of Forest Park, No. 06-4215, 2009 WL 2605283 (N.D. Ill. Aug. 25, 2009) Local elected official Steinbach had an email account that was issued by the municipality. Third party Hostway provided the technology for the account. Steinbach logged in to her [...]
