Abstract
Web-based e-mail communication, or webmail, has become extremely popular in the last decade. The ability to send and receive e-mail anywhere an internet connection is available is one major reason for its popularity. Webmail communication is provided free of charge by large webmail providers such as Hotmail, Yahoo! Mail, AOL, and Gmail. Just like users of traditional communication channels, those engaging in webmail communication should be afforded protection and privacy from unauthorized access. The Stored Communications Act provides webmail users with such protection and privacy. Van Alstyne v. Electronic Scriptorium, Ltd., however, has threatened the remedial integrity of this statute by interpreting it in a way that requires a plaintiff, whose private webmail has undisputedly been compromised, show proof of some harm in order to recover statutory damages. This Casenote examines how the Fourth Circuit Court of Appeals improperly interpreted the Stored Communications Act and the implications such interpretation may have on webmail users.
Recommended Citation
Kory R. Watson,
Unauthorized Access to Web-based E-mail: Recovery Under the Stored Communications Act After Van Alstyne v. Electronic Scriptorium Ltd., 560 F.3d 199 (4th Cir. 2009),
35
S. Ill. U. L.J.
543
(2011).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol35/iss3/7