Monthly Archives: April 2010
While she is no longer a public official, former Governor Sarah Palin has unwittingly contributed to a Tennessee federal district court upholding the constitutionality of the federal Computer Fraud and Abuse Act (“CFAA”). The case in question is a criminal prosecution against David Kernell, the college student charged with violations of the CFAA for accessing Palin’s Yahoo email account during the 2008 Presidential campaign.
How do semi-nude photos, suicide and a possible decision by the US Supreme Court relate to a Nebraska decision handed down last month on the Computer Fraud and Abuse Act (“CFAA”)?
Can we expect any privacy when it comes to personal emails created at work? Perhaps a little. The New Jersey Supreme Court in Stengart v. Loving Care Agency affirmed a lower court opinion last week holding that despite an employer’s corporate computer policies reserving all rights to review employee emails, an employee’s communications with her attorney were protected by the attorney client privilege and, thus, off limits to review by her employer. 2010 WL 1189458 (N.J. March 30, 2010). Marina Stengart used her employer’s laptop computer to communicate with her attorney about an anticipated lawsuit against her employer “through her personal, password-protected, web-based email account.” … [ Continue reading ]