Theofel v. Farey-Jones, 359 F.3d 1066 (9th Cir. 2004), amending 341 F.3d 978 (9th Cir. 2003), cert. denied, 543 U.S. 813 (2004)

Key Insight: Defendant’s subpoena to ISP of plaintiff, which sought all copies of all email sent or received by anyone at plaintiff with no limitation as to time or scope, was “massively overbroad,” “patently unlawful,” and “transparently and egregiously” violated federal rules; besides warranting sanctions in underlying suit, subpoena was grounds for separate action by employees of plaintiff against defendant for violation of federal Stored Communications Act and Computer Fraud and Abuse Act, and state law

Nature of Case: Violation of federal electronic privacy and computer fraud statutes

Electronic Data Involved: Email stored by Internet Service Provider

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