Fraser v. Nationwide Mutual Insurance Co.
352 F.3d 107
In the United States Court of Appeals for the Third Circuit
Case Number 01-2921
Before Circuit Judge Sloviter, Circuit Judge Amrbo, and Circuit Judge Becker
Decided on January 20, 2004

Relevancy of the Case: Does accessing an employee’s email account to check illegal activities fall under the scope of the word “intercept” as per federal wiretapping laws?

Statutes and Provisions Involved

• The Electronic Communications Privacy Act, 18 U.S.C. §§ 2511-2520

Relevant Facts of the Case

• The appellant was a contractor for the respondent on an exclusivity basis.
• On suspicion of the appellant revealing company secrets to the competitor, the respondent searched the appellant’s email address. Thereafter, the respondent fired the appellant for illegal conduct.
• Aggrieved by this, the appellant filed a suit for wrongful termination, unauthorised access, and violation of privacy by the respondent.

Prominent Arguments by the Counsels

• The appellant’s counsel argued that the email search gives rise to the appellant’s claim for damages under Section 2510. The respondent’s actions resulted in a violation of rights under ECPA and the parallel Pennsylvania statute.
• The respondent’s counsel argued that the statutory interpretation of “intercept” does not fit the current scenario. The appellant’s emails were stored on the respondent’s system, and a search of these emails falls under the exceptions given in Title II.

Opinion of the Bench

• The court agreed with the respondent’s counsel’s arguments on interpreting the word intercept.
• The respondent has not violated Title II of the ECPA, as an exception is available under Title II.

Final Decision

• The court dismissed the case in the respondent’s favour.