10th Circ. Won't Extend ECPA Liability To ISP Embarq

Law360, New York (January 2, 2013, 8:41 PM EST) -- The Tenth Circuit on Friday refused to revive a putative class action seeking to hold Embarq Management Co. liable for allowing online advertiser NebuAd Inc. to gather its users' communications, ruling that federal wiretap law requires companies to have direct access to intercepted data.

In a published opinion, a three-judge panel affirmed the lower court's decision that the putative class could not maintain its claim that Internet service provider Embarq and affiliate United Telephone Co. of Eastern Kansas violated the Electronic Communications Privacy Act, because the companies didn't intercept or have access to the communications that now-defunct NebuAd culled to target...

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