Technology Law Update

Plaintiff Likely To Succeed On ECPA Claim Against User Of Keystroke Surveillance Software In Domestic Relations Dispute, But Injunctive Relief Denied

A party whose communications were tracked by the installation of a keystroke logger and other surveillance software on a home computer is likely to succeed on the merits in her claim that the surveillance constituted an unlawful interception under the Electronic Communications Privacy Act (ECPA), 18 U.S.C. §2510 et. seq., but she is not entitled to an injunction against the use of the intercepted communications in a domestic relations case.  Potter v. Havlicek, No. 3:06-cv-211, 2007 U.S. Dist. LEXIS 10677 (S.D. Ohio Feb. 14, 2007).

Petition to Perpetuate Testimony Directed To ISP May Be Used To Identify E-Mail Hacker

A petitioner that alleges that its e-mail system has been illegally accessed by a hacker using an IP address assigned to an Internet Service Provider (ISP) is entitled to disclosure of account details related to that IP address under Fed. R. Civ. P. 27. General Board of Global Ministries v. Cablevision Lightpath, Inc., No. CV 06-3669, 2006 U.S. Dist. LEXIS 86826 (E.D. N.Y. Nov. 30, 2006).