The 1986 Act added new statutory provisions, 18 U.S.C. §§ 2701 to 2710, to protect the privacy of stored electronic communications, either before such a communication is transmitted to the recipient, or, if a copy of the message is kept, after it is delivered. These provisions focus on technologies such as electronic mail and computer transmissions, where copies of the messages are kept. Electronic storage is defined in 18 U.S.C. § 2510(17) as both any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof and the storage of such communication by an electronic communication service for purposes of backup protection of such communication.
United States Department of Justice, https://www.justice.gov/usam/criminal-resource-manual-1061-unlawful-access-stored-communications-18-usc-2701 (last visited August 4, 2016)
Crispin v. Christian Audigier, Inc., 717 F. Supp. 2d 965 (C.D. Cal. 2010) (Case Summary) (Court Opinion)
Optiver Australia Pty, Ltd. & Anor v. Tibra Trading Pty. Ltd. & Ors, No. C 12-80242 EJD (PSG), 2013 WL 256771 (N.D. Cal. Jan. 23, 2013). (Case Summary) (Court Opinion)
A picture of the challenges government agencies face has emerged as well as the varied ways government agencies are managing their eDiscovery workloads
* When searching for cases regarding Electronic Discovery, K&L Gates Electronic Discovery Law website is an excellent resource. K&L Gates Electronic Discovery Law, http://www.ecliscoverylaw.com/ (last visited 8/4/16). The site contains more than 3000 cases collected from state and federal courts involving electronic discovery issues by keyword, or by any combination of 36 different case attributes. (Id.). The database is free of charge and its cases often include short summaries that include the case citation, the nature of the case, the electronic data involved, the electronic discovery issue and searchable attributes. A number of the cases have more robust summaries that also may have links to additional materials. K&L Gates and has provided Victor Bermudez with express permission to publish their information on this pathfinder.
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