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posted by scubacuda
on Monday September 01, @10:32AM
from the fishing-expedition dept.
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According to Kevin Poulsen, a federal appeals court ruled Thurs that issuing an overbroad subpoena for stored e-mail qualifies as a computer intrusion in violation of anti-hacking laws. When ICA found out that Alwyn Farey-Jones instructed his attorney, Iryna Kwasny, to send a subpoena to the company's ISP (NetGate), NetGate had already provided Farey-Jones with a sample of 339 e-mails from ICA officers and employees -- most of them unrelated to the matter under litigation, and many of them privileged or personal. Naturally, these people sued. A federal judge threw out the case, but a Ninth Circuit partially reversed that ruling, finding that the subpoena didn't violate federal wiretap law, but could constitute a violation of the Stored Communications Act and the Computer Fraud and Abuse Act -- both of which outlaw unauthorized access to computers and stored e-mail.
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