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 [...]
Posts Tagged ‘sca’
Court dismisses class action against MySpace for violation of the Stored Communications Act
June 4th, 2011
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Hubbard v. MySpace, 2011 WL 2149456 (S.D.N.Y. June 1, 2011) Plaintiff, who sued on behalf himself and others similarly situated, claimed that MySpace improperly turned over account information and private messages to law enforcement, even though there was a search warrant. Plaintiff claimed this violated the Stored Communications Act, 18 USC 2701 et seq. MySpace [...]
Federal court applies Seescandy.com test to unmask anonymous defendants in copyright and privacy case
February 3rd, 2011
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Liberty Media Holdings, LLC. v. Does 1-59, 2011 WL 292128 (S.D. Cal., January 25, 2011) Plaintiff porn company sued 59 anonymous defendants it knew only by IP address for violation of the Stored Communications Act (SCA), the Computer Fraud and Abuse Act (CFAA) and for copyright infringement. Since plaintiff did not know who the defendants [...]
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 [...]
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 [...]
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, [...]
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 [...]
Divorce spyware case moves forward
October 21st, 2008
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Court refuses to dismiss ECPA, SCA and CFAA claims against ex-spouse accused of delivering malicious code. Becker v. Toca, No. 07-7202, 2008 WL 4443050 (E.D. La. September 26, 2008) Plaintiff Becker sued his ex-wife, one Ms. Toca, claiming that Toca installed on Becker’s home and office computers a Trojan Horse that could steal passwords and [...]
Employee text messages covered under Stored Communications Act and Fourth Amendment
June 23rd, 2008
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Quon v. Arch Wireless Operating Co., Inc., — F.3d —-, 2008 WL 2440559 (9th Cir. June 18, 2008) Sergeant Quon’s employer, the City of Ontario, California Police Department, issued him a pager with which he could send and receive text messages. Copies of text messages sent and received using the pager were archived on Arch [...]
