the information was in the process of being transmitted. The court, therefore held that because the Wiretap Act only covers interceptions of information that is being contemporaneously transmitted, Konop's claim for violation of the Wiretap Act failed to state a claim upon which relief could be granted. The court further reasoned that its ruling was consistent with the ECPA's structure, which created the SCA to address "access to stored... electronic communications and transactional records." It said that the level of the protection afforded by the SCA is considerably less than the Wiretap Act's protection. Additionally, the procedures that the SCA set forth for law enforcement to access contents of stored electronic communications is considerably less burdensome than those required to obtain a wiretap under the Wiretap Act. The court said that if it were to extend stored electronic communications to the Wiretap Act, then the government would have to comply with the more burdensome procedures of the Wiretap Act, despite the fact that Congress has already authorized the government to access stored information under the less restrictive SCA. Surely, the court said, Congress could not have intended this result. Concurrence/dissent Justice Reinhardt dissented on the court's interpretation of the term "intercept." He took the position that "stored electronic communications" are subject to the statute's interception prohibition, rather than, as the majority held, solely to "contemporaneous acquisition." To Justice Reinhardt, the main question regarding the statutory provision's difficulties and inconsistencies rested with which reading was more consistent with congressional intent. Justice Reinhardt agreed with the majority that the Wiretap Act covered stored electronic communications under the definition of "electronic communications," but said that the majority unnecessarily added confusion to the statute by holding that "intercept" only refers to contemporaneous acquisition of electronic communications, and that it cannot be possible to "intercept" stored electronic communications. Reinhardt stated that reading a contemporaneity requirement into the term "intercept" renders the prohibition against electronic communication interception superfluous, and contradicts the axiom that one statute's provision should never negate an accompanying provision. Reinhardt reasoned that unlike telephone calls, electronic communications spend an infinite amount of time en route. Thus, if one can only intercept during a contemporaneous acquisition as the majority suggests, almost all acquisitions of electronic communication contents would escape the intercept prohibition entirely. Reinhardt further added that the majority's reasoning that the term intercept would describe different conduct with respect to wire communications than