Love Triangle-Plus Results in Court Victory for Data Privacy

In a tail of not one but two affairs and emails between the philandering parties has come a victory for data privacy, a federal appeals court has ruled that “previously opened and delivered emails” stored 'in a web-based email client' are protected 'electronic storage' for purposes of the Stored Communications Act. The court ruled that emails which have been opened and then left on the servers of an online web email service are considered being stored for the purposes of backup protection, and thus entitled to the privacy protections detailed in the Stored Communications Act (SCA). Center for Democarcy & Technology had filed a brief in the case (Hately vs. Watts)--which was cited in the decision--arguing that it was the right call. “This is an important victory for privacy," said Greg Nojeim, director of the CDT Freedom, Security and Technology Project. "A contrary ruling would have meant that spam emails nobody opens are better protected from government access than sensitive, personal messages you open and save."