Electronic communications privacy act

An airline pilot created a Web site on which he posted material that was critical of both his employer and his union. He created a list of co- workers who were authorized to access his site. The log-in process for the site included providing a username and creating a password. Users of the site were informed that the conditions for use included prohibitions against any members of management viewing the site and against the disclosure of the site’s contents to anyone else. Two pilots were approached by a manager and asked for permission to use their names to access the site. One of the pilots had previously logged in to the site; the other pilot had not. Both gave their permission to the manager, whosubsequently accessed the site on several occa- sions using their names. When word got back to the pilot who had created the Web site that a manager had accessed it and was threatening to sue him for defamation, the pilot sued. Did the airline violate the Electronic Communications Privacy Act? (Konop v. Hawaiian Airlines, 302 F.3d 868 (9th Cir. 2002), cert. denied, 2003 U.S. LEXIS 1186)

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