Legalized hacking? Once you open an email, it's fair game!

Litigation Topics and News Relative to Accident Reconstruction
MSI
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Legalized hacking? Once you open an email, it's fair game!

Post by MSI »

October 10, 2012:Bloomberg, BNA: Stored Communications Act Doesn't Reach Opened Webmails
  • The South Carolina Supreme Court held today that opened email messages on a web-based email service provider are NOT PROTECTED by the federal Stored Communications Act, 18 U.S.C. §§ 2701-12.
    To make a long story short, the court held that the opened email messages were not made "for the purposes of backup protection" under Section 2510(17)(B) so the SCA did not provide a cause of action for the email account owner in this case.
See the article Stored Communications Act Doesn't Reach Opened Webmails
Also the published opinion:
  • Opinion No. 27177
    THE STATE OF SOUTH CAROLINA In The Supreme Court,
    M. Lee Jennings, v. Gail M. Jennings
    ON WRIT OF CERTIORARI TO THE COURT OF APPEALS,
    Appeal from Richland County,
    L. Casey Manning, Circuit Court Judge,
    Heard October 18, 2011 – Filed October 10, 2012
    REVERSED