Konop v. Hawaiian Airlines, Inc., 236 F.3d 1035 (2001) was a case in which the United States Court of Appeals for the Ninth Circuit affirmed in part and overturned in part the ruling of the United States District Court for the Central District of California. The court held that the defendant, Hawaiian Airlines, could not be held liable for violation of the federal Wiretap Act when it gained access to the plaintiff's website because the contents of the plaintiff's website were in storage, and thus could not be intercepted under the meaning of the Wiretap Act. Facts Robert Konop, an employee of Hawaiian Airlines, Inc., created and maintained a website where he posted content that was critical of his employer, its officers, and the incumbent union. Konop, through his website, encouraged Hawaiian Airlines employees to consider a different union for representation because the current union supported certain labor concessions that Konop opposed. Konop created a secure website that required visitors to log in using their names and then by creating a password. He created a specific list, composed mostly of Hawaiian Airlines pilots and other employees, who could access the website. Only those people who were eligible to see the website could log on. Once a user logged on, he or she had to accept the site's Terms and Conditions, which prohibited any Hawaiian Airlines management from seeing the site, and prohibited any disclosure of the site's contents to anyone else. Two pilots, however, gave Hawaiian Airlines' vice president, James Davis, permission to use their names to access the site. Davis presumably typed in the pilots' names, created passwords, then clicked "submit" to accept the site's terms and conditions. Records show that Davis logged in nearly thirty times under both pilots' names. Konop brought suit against Hawaiian Airlines, Inc., alleging that it viewed his secure website without permission, disclosed contents of the site, and violated the federal Wiretap Act, among other claims. Law In 1986, the United States Congress passed the Electronic Communications Privacy Act (ECPA), which was intended to afford privacy protection to electronic communications. The Konop court mainly examined Title I of the ECPA, the federal Wiretap Act, 18 U.S.C. §§s 2510–2522 (2000), along with Title II, the Stored Communications Act (SCA), 18 U.S.C. §§s 2701–2711 (2000). Discussion The Konop court noted that these two statutes combined to form a "complex, often convoluted, area of the law." The