Jeffrey G. Weil and Robert A. Chu’s Article Addressing Email Theft is Posted by The Metropolitan Corporate Counsel

Tuesday, December 1, 2009

Jeffrey G. Weil and Robert A. Chu, both of the commercial litigation department, had an article on Email Theft posted by The Metropolitan Corporate Counsel. In the article, the attorneys explain how the Stored Communications act (“SCA”) of the federal Electronic Communications Privacy Act of 1986 (“ECPA”) can be used to bring a lawsuit against a hacker, however, the ambiguity and the out datedness of the SCA and ECPA have led courts to have wildly different interpretations of the statutes. An example of this in the article is the SCA not being clear on what exactly qualifies as a violation. Courts have interpreted a violation to be each individual email accessed, each time the hacker logged-in to the email service, or if the log-ins were timed closely together as a single violation. This makes the possible damages vary from court to court. The article concludes with a declaration that it is time for Congress to update the remedy for email theft.

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