Internet Law in the Courts

摘要

Brahmana sued his former employer, Cyberdata, claiming that Cyberdata had violated the Electronic Communications Privacy Act (18 U.S.C. § 2511) (ECPA). Brahmana claimed that Cyberdata had used a keylogger to intercept the username and password for Brahmana's personal email account.rnCyberdata moved to dismiss the claim under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. The court denied the motion, finding that the determination of whether there was a violation of the ECPA would best be made after discovery. [Brahmana v. Lembo, No. 09-106, 2009 WL 1424438 (N.D. Cal. May 20, 2009)].