Sitton v. Print Direction, Inc., — S.E.2d —, 2011 WL 4469712 (Ga.App. September 28, 2011) A Georgia court held that an employee using a personal laptop to conduct business for a competitor did not have an invasion of privacy claim when his employer busted him at work using the laptop to send email. Plaintiff-employee worked [...]
Posts Tagged ‘email’
Employer did not violate employee’s privacy by accessing personal laptop
September 29th, 2011
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Court sides with college accused of snooping on student’s email
August 11th, 2011
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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 [...]
Yahoo not liable for blocking marketing email
March 23rd, 2011
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Section 230 of Communications Decency Act (47 U.S.C. 230) shields Yahoo’s spam filtering efforts Holomaxx v. Yahoo, 2011 WL 865794 (N.D.Cal. March 11, 2011) Plaintiff provides email marketing services for its clients. It sends out millions of emails a day, many of those to recipients having Yahoo email addresses. Yahoo used its spam filtering technology [...]
Stored Communications Act protects Yahoo email account from subpoena
October 20th, 2010
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Chasten v. Franklin, 2010 WL 4065606 (N.D.Cal. October 14, 2010) Plaintiff sued some corrections officers at the prison where her inmate son was killed. She learned in a deposition that one of the defendants had a Yahoo email account. So she sent a subpoena to Yahoo seeking all the email messages sent from that account [...]
Bipolar disorder no excuse for email hacker
October 12th, 2010
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Leor Exploration v. Aguiar, 2010 WL 3782195 (S.D. Fla. September 28, 2010) Plaintiffs claimed that defendant hacked into one of the plaintiffs’ email accounts during the litigation to get an advantage in the case. The court entered severe sanctions against defendant for doing this — it struck his answer. In litigation, that is like declaring [...]
Emails on laptop not protected by the Stored Communications Act
October 11th, 2010
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Thompson v. Ross, 2010 WL 3896533 (W.D. Pa. September 30, 2010) Messages from Yahoo and AOL email accounts saved on laptop computer were not in “electronic storage” as defined by Stored Communications Act. Plaintiff’s ex-girlfriend kept his laptop computer after the two of them broke up. The ex-girlfriend let two of her co-workers access some [...]
Palin email hacker conviction survives motion for acquittal
October 4th, 2010
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U.S. v. Kernell, No. 08-CR-142 (E.D. Tenn. September 23, 2010) A federal jury convicted defendant for a number of crimes related to his hacking into Sarah Palin’s Yahoo email account in September 2008. One of the crimes the jury convicted him of was the “destruction or alteration of a record or document with the intent [...]
Divorce attorney did not conspire to violate the Electronic Communications Privacy Act
September 30th, 2010
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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, [...]
Setting up Outlook rule to intercept another’s email can be a federal crime
September 16th, 2010
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U.S. v. Szymuszkiewicz, — F.3d —, 2010 WL 3503506 (7th Cir. September 9, 2010) Seventh Circuit upholds conviction of employee who secretly intercepted his boss’s email. A federal jury convicted the defendant, who was an IRS revenue officer, of violating the Wiretap Act (or the Electronic Communications Privacy Act, as some like to call it [...]
Computer Fraud and Abuse Act, the Stored Communications Act, and unauthorized access
August 18th, 2010
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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 [...]
