Garcia v. City of Laredo, Texas, et al

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Plaintiff contended that the district court's interpretation of the Stored Communications Act, 18 U.S.C. 2701, was erroneous. Plaintiff alleged that the statute applied and protected all text and data stored on her personal cell phone which defendants accessed without plaintiff's permission. The Act prohibited accessing without authorization a facility through which an electronic communications service was provided and thereby obtain access to electronic communication while it was in electronic storage. The court affirmed the judgment and held that the text messages and photos stored on plaintiff's cell phone were not in "electronic storage" as defined by the Act and were thus outside the scope of the statute. The court also held that the district court did not err in denying plaintiff's motion to recuse the district court judge. View "Garcia v. City of Laredo, Texas, et al" on Justia Law