Dyer v. Northwest Airlines Corp., 334 F.Supp.2d 1196 (D.N.D. 2004) (full-text).
Factual Background Edit
After September 11, 2001, the National Aeronautics and Space Administration (NASA) requested that Northwest Airlines provide detailed passenger data to aid NASA’s research in airline security. In response, the airline provided the names, addresses and credit card information of passengers who flew on the airline between July and December of 2001. The airline did not attempt to get the passenger’s permission to give out their personal information.
Trial Court Proceedings Edit
The plaintiffs initially filed their claims in state court, but at the defendants’ request the case was transferred to federal court.
The ECPA forbids any provider of electronic communication services or remote computing services (generally internet service providers or telecommunications companies that provide internet service) from: (1) divulging the contents of the communications in the service’s electronic storage; and (2) divulging any customer information or stored communications to the government.
Subsequently, the defendants filed a 12(b)(6) motion to dismiss for failure to state a claim. Plaintiffs conceded that no claim existed under §2702(a)(1), but continued to assert the §2702(a)(3) claim and breach of contract claim.