9th Circ. Revives Atty's Claims Ex-Spouse Spied On Emails

Law360 (December 8, 2020, 7:48 PM EST) -- The Ninth Circuit revived a Washington lawyer's Stored Communications Act suit accusing her ex-husband of using her thumbprint while she was asleep to access her phone, ruling that further proceedings are required to determine if her former spouse's attempts to access her work emails without her consent violate the SCA.

In a 10-page opinion Tuesday, a three-judge panel unanimously held that they didn't have enough information to decide whether cloud-based services such as Microsoft Exchange meet the definition of "back-up storage" under a section of the SCA.

"Her argument begs a question that other courts have faced: whether e-mail messages maintained...

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