Fourth Circuit Reverses on Email Snooping Case

Bonnie Van Alstyne sued her employer for sexual harassment, and during a deposition related to the case, the employer's owner produced several emails from Van Alstyne's personal email account.  Turns out, the owner had broken into her personal account and had accessed the account "at all hours of the day, from home and internet cafes, and from locales as diverse as London, Paris, and Hong Kong."

Van Alstyne then sued under the Stored Communications Act part of the Electronic Communications Privacy Act, and obtained a jury of more than $400,000.  The verdict included statutory damages,punitive damages, and attorneys' fees.  The Fourth Circuit, however, reversed, holding that statutory damages are not available under the statute absent a showing of actual damages (Van Alstyne had neither pled nor proven actual damages).  The court, however, left open the possibility that Van Alstyne could amend her complaint to plead actual damages.

The case is Van Alstyne v. Electronic Scriptorium, Ltd., No. 07-1892 (4th Cir. March 18, 2009).  Hat tip: Jonathan Harkavy.

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