Pierre Grosdidier for Law360: Don't Look To SCA In BYOD-Termination Remote Wipe Cases

03/17/2015

Employees whose smart mobile devices (e.g., iPhones and tablets) were allegedly wiped when their bring-your-own-device connections were terminated, or whose devices were otherwise accessed without authority, have sued their putative wrongdoers under the Stored Communications Act, 18 U.S.C. §§ 2701–2711, among other causes of action. These SCA claims fail as a matter of law…

Plaintiffs assume that since their smart devices are effectively computers that transmit and receive emails, any breach of these devices necessarily begets a SCA claim. This assumption is incorrect. The SCA, “famous for its lack of clarity,” is in some ways narrowly worded. The SCA protects “only communications intercepted during transmission and those stored by communications providers.” The SCA “does not apply to data stored in a personal cellphone.”

Excerpted from Law360. To read the full article, click here (subscription required).

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