United States Ninth Circuit

Section 2701(c)(1) of the Stored Communications Act does not exempt defendant's conduct from a cause of action under the Act when defendant obtained consent from plaintiffs' Internet service provider to access plaintiffs' email messages by use of an invalid, "patently unlawful" subpoena. The subpoena's falsity transformed the access from a bona fide state sanctioned inspection into private snooping. The district court erred in reading an ownership or control requirement into the Computer Fraud and Abuse Act. (Amended opinion)

Appellate Information

• Argued 04/02/2003
• Decided 08/28/2003
• Published 02/17/2004

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.