Fraser v. Nationwide Mutual Insurance Co.
United States District Court for the Eastern District of Pennsylvania
135 F. Supp. 2d 623 (2001)
Relevant factsFree
Fraser (plaintiff), a Nationwide (defendant) employee, sent emails through the company's internal system to another employee; the emails were received and then discarded, but other Nationwide employees later retrieved the discarded messages. Fraser sued, alleging the retrieval violated the Wiretap Act (as amended by the ECPA) and the Stored Communications Act (SCA) portion of the ECPA.
IssueFree
Whether a party violates the Electronic Communications Privacy Act by intercepting or accessing an electronic communication after it has already reached its intended recipient.