United States Ninth Circuit

Section 2701(c)(1) of the Stored Communications Act does not provide refuge to a defendant who obtains consent by exploiting a known mistake relating to the essential nature of access to e-mail stored by an Internet service provider; district court erred in reading an ownership or control requirement into the Computer Fraud and Abuse Act.

Appellate Information

• Argued 04/02/2003
• Decided 08/28/2003
• Published 08/28/2003

Judges

• Before:  B. FLETCHER, KOZINSKI and TROTT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Pamela Urueta, Kerr & Wagstaffe LLP, San Francisco, CA, argued for appellants.  James M. Wagstaffe, Kerr & Wagstaffe LLP, and Richard Idell and Jennifer Marone, Idell, Berman & Seitel, joined her on the brief.


• For Appellees:
  
• Robert E. White, San Francisco, CA, argued for appellees.  Susan C. Rushakoff joined him on the brief.