A pretty good technical analysis of this decision is found here: http://blog.ericgoldman.org/archives/2011/07/judge_ware_goog.htm http://blog.ericgoldman.org/ar

A pretty good technical analysis of this decision is found here: http://blog.ericgoldman.org/archives/2011/07/judge_ware_goog.htm http://blog.ericgoldman.org/archives/2011/07/judge_ware_goog.... Professor Eric Goldman adds his comments to the end of the linked piece, including the following: "I continue to insist that the ECPA is one of the worst-drafted statutes of all time. . . . [N]o one knows what the statute really means . . . The class action plaintiffs have gone crazy with the statute, and due to its drafting deficiencies, the plaintiffs claims are rarely clearly wrong on the surface. The result has been a huge tax on innovation with no commensurate social benefits; only the private benefits of a few privacy class action lawyers getting fat and happy while feasting on Silicon Valley companies." The statute was passed in 1986 and is badly out of date. Judge Ware, who is a very good judge, is left to struggle with trying to determine what Congress intended when it enacted the statute 25 years ago as its text might apply to technologies that did not exist at the time. This is a difficult task at best and is not likely to lead to consistent results among the courts. Congress therefore needs to act to fix this and to set the right policy choices based on the technology we have today.