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ninth Circuit revives lawyer’s go well with in opposition to ex-husband for alleged e-mail snooping

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Privacy Law

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A federal appeals court docket on Tuesday revived a Washington lawyer’s go well with contending that her then-husband violated the Stored Communications Act by accessing her work emails.

The ninth U.S. Circuit Court of Appeals at San Francisco dominated for Andrea Clare, who claimed that her then-husband Kevin Clare used her thumbprint whereas sleeping to unlock her telephone.

Law360 and Bloomberg Law have protection of the Dec. 8 decision.

Kevin Clare allegedly accessed Clare’s work e-mail account and forwarded emails to himself. Then, after the couple separated, Kevin Clare allegedly continued to entry the emails on an iPad that had been shared in the course of the marriage. Kevin Clare used among the info to his benefit in divorce proceedings, Clare mentioned in her go well with.

At challenge is whether or not the emails have been saved “for purposes of backup protection” inside the that means of the Stored Communications Act. The ninth Circuit has held that the act requires a second backup copy of an e-mail message to satisfy the definition.

The appeals court docket mentioned the trial choose had wrongly excluded skilled testament that the work emails have been frequently downloaded and saved on a non-public server as a backup. The testament supplied proof of the type of backup copy required by the ninth Circuit, the appeals court docket mentioned.

The court docket mentioned it was not ruling on Clare’s second argument—that e-mail messages saved on her Microsoft Exchange account for backup functions are protected by the Stored Communications Act. The challenge is whether or not e-mail messages maintained solely on a web-based platform meet the backup storage definition.

Clare’s lawyer, George Telquist, advised Law360 that his shopper has additionally filed a separate privateness lawsuit in Washington state court docket. He mentioned the ninth Circuit ruling was important.

“I don’t think by saying ‘I do’ you give up all of your rights to privacy,” Telquist advised Law360.

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