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Employer Access of Employee Personal Email Account May Be Prohibited Under the Stored Communications Act

This report relates to 1 case(s)

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    Pure Power Boot Camp, Inc. v. Warrior Power Boot Camp, LLC, 587 F.Supp.2d 548 (S.D.N.Y. 2008). (0 other reports)

Author: Shannon C. Johnson

In Pure Power Boot Camp, Inc. v. Warrior Power Boot Camp, LLC, +587 F. Supp. 2d 548 (S.D.N.Y. 2008), the United States District Court for the Southern District of New York, addressed whether an employer email policy provides the employer with the right to access employee emails stored on a commercial server.

An individual violates the Stored Communications Act (SCA) by intentionally accessing, without authorization, a facility through which an electronic communication service is provided, or intentionally exceeding an authorization to access that facility; and thereby obtaining, altering or preventing authorized access to a wire or electronic communication while it is in electronic storage. +18 U.S.C. §2701 (a).

In this case, the court held that an employer who accesses an employee's personal email, stored on an outside commercial server, without authorization violates the SCA.