Judge Finds Use Of Dummy Account, Screenshots To Be 'Interception' Of Emails

PEORIA, Ill. - Noting that the Electronic Communications Privacy Act (ECPA) 18 U.S.C.S. § 2511, "is not focused on whether a person possesses a copy of a message, but on whether the person intercepts communications to which he is not a party," an Illinois federal judge on Sept. 13 held that a plaintiff's co-workers intercepted his emails by setting up a dummy email account that allowed them to access his Web-based communications even though the messages were not specifically downloaded to a computer (Shefts v. John Petrakis, et al., No. 1:10-cv-01104, C.D. Ill.; 2012 U.S. Dist. LEXIS 130542).

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