Posts Tagged ‘electronic communications privacy act’

Using remote tracking software to find stolen laptop may have violated federal wiretap statute

Clements-Jeffrey v. City of Springfield, Ohio, 2011 WL 3678397 (S.D. Ohio August 22, 2011) [PDF copy of opinion] Services that help track down stolen laptops and other lost mobile hardware are indispensable. Consider, for example, the year-long saga of Jeff Blakeman who used MobileMe to help recover his MacBook Pro that a TSA agent stole [...]

Court sides with college accused of snooping on student’s email

Reichert v. Elizabethtown College, 2011 WL 3438318 (E.D.Pa. August 5, 2011) Plaintiff’s threatening behavior toward certain faculty members of his college led the administration to monitor plaintiff’s school-issued email account. Plaintiff’s lawsuit against the school included claims for violation of the Electronic Communications Privacy Act (ECPA), the Stored Communications Act (SCA), and common law invasion [...]

Court says law firm did not eavesdrop on employee phone calls

Bowden v. Kirkland & Ellis, 2011 WL 1211555 (7th Cir. April 1, 2011) Two former employees of a law firm sued the firm for violation of the Electronic Communications Privacy Act, 18 USC 2510 et seq. and for violation of the Illinois Eavesdropping Act, 720 ILCS 5/14-2. The district court granted summary judgment in favor [...]

Divorce attorney did not conspire to violate the Electronic Communications Privacy Act

Court declines to recognize secondary liability for civil ECPA violation, holding that defendant’s divorce lawyer could not be a conspirator in a civil action alleging email interception. Garback v. Lossing, 2010 WL 3733971 (E.D.Mich. September 20, 2010) Plaintiff sued his ex-wife’s attorney for violation of the Electronic Communications Privacy Act. He claimed that his ex-wife, [...]

Doctor’s wiretapping case under ECPA heads to trial

McCann v. Iroquois Memorial Hospital, No. 08-3420 (7th Cir. September 13, 2010) Mystery of how doctor’s dictation machine got turned on to record conversation between doctor and hospital employee is a question for the jury and should not have been decided on summary judgment. Two hospital employees — Dr. Lindberg and the director of physician [...]

Scope of Electronic Communications Privacy Act may not be so narrow

Brahmana v. Lembo, No. 09-106, 2009 WL 1424438 (N.D. Cal. May 20, 2009) Plaintiff former employee Brahmana sued his former employer Cyberdata, claiming that Cyberdata violated the Electronic Communications Privacy Act (at 18 U.S.C. 2511) (“ECPA”). Brahmana claimed that Cyberdata used a keylogger to intercept the username and password for Brahmana’s personal email account. Cyberdata [...]

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