Cheng v. Romo, No. 11-10007-DJC, 2013 WL 6814691 (D. Mass. Dec. 20, 2013)
In this case, the court addressed the question of whether previously opened web-based emails were in “electronic storage” as defined by the Stored Communications Act (SCA) and determined that they were.
Plaintiff sued Defendant for accessing his web-based emails without authorization in violation of the Stored Communications Act. Although Defendant admitted accessing the emails, she argued that because they had previously been opened by Plaintiff, they were “not in ‘electronic storage’” as described by the statute. Read More