Discuss the elements of a claim of intrusion upon seclusion

Reference no: EM13335944

MyWho, Inc. is an information marketing firm who provided a laptop to a senior executive level employee, J.J. Jones, for work at home. Jones agreed in writing that the laptop would be used for business purposes and acknowledged MyWho, Inc.’s computer usage and monitoring policy. At some point the MyWho, Inc. discovered the employee has been sending and receiving pornographic emails with the laptop, when it captured an email during transmission. Jones is immediately fired, and sues under the tort of Intrusion upon Seclusion, violation of ECPA title I, and points to the fact that it was a private email account and it was in a password protected file on the laptop, and that such violations are highly offensive.

Discuss the elements of a claim of Intrusion Upon Seclusion. Examine each factor for Mr. Jones’s case; will he win that part of the suit? Furthermore, discussing cases such as Michael A. Smyth v. Pillsbury Company, O’Connor v. Ortega, Robert Konop v. Hawaiian Airlines, etc., discuss the ECPA claim. What would be the outcome of the case?

Reference no: EM13335944

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