On September 18, the U.S. District Court for the Western District of Washington held that an employee’s computer, issued by the employer, is not a “facility” subject to protections of the Stored Communications Act. Roadlink Workforce Solutions, L.L.C. v. Malpass, No. 13-5459, 2013 WL 5274812 (W.D. Wash. Sept. 18, 2013). In this case, an employer sued a former employee for allegedly copying and then deleting certain information from an employer-issued computer before leaving to work for a competitor. The employer claimed a private right of action under the Stored Communications Act based on its allegation that the former employee intentionally exceeded his authorization to access a “facility through which an electronic communication service” it provided, and obtained and altered an electronic communication while it was in electronic storage.
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Via Jim Brashear