When Hacking An Email Account Doesn't Violate The SCA

Law360, New York (December 11, 2013, 12:46 PM EST) -- ​In October 2011, a California federal grand jury indicted Christopher Chaney for having "gained unauthorized access to the e-mail accounts of over 50 individuals," including those of celebrities Christina Aguilera, Scarlett Johansson, and Mila Kunis. U.S. v. Chaney, No. 2:11-CR-00958-SJO, at 2 (C.D. Cal. Oct. 11, 2011). Hacked pictures that circulated on the Web gave the sordid affair instant tabloid notoriety. The 26-count indictment charged Chaney with aggravated identity theft under 18 U.S.C. 1028A and with violations of the Wiretap Act, 18 U.S.C. § 2511 (part of the Electronic Communications Privacy Act, "ECPA"), and of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 ("CFAA")....

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