458KonopvHawaiian2 - Konop v. Hawaiian Airlines, Inc....

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Konop v. Hawaiian Airlines, Inc. (“Konop II”) 11/1/2010 United States Court of Appeals for the Ninth Circuit, 2002 302 F .3d 868 I. The Facts Konop, a pilot for Hawaiian, maintained a website where he posted bulletins critical of his employer, its officers, and the incumbent union, Air Line Pilots Association (“ALPA”). Konop encourage others via his website to consider alternative union representation. He controlled access to his website by requiring visitors to log in with a user name and password. He provided user names to Hawaiian employees, but not to managers or union representatives. On December 14, 1995, Hawaiian VP James Davis contacted a pilot, Gene Wong, and asked permission to use Wong’s name to access Konop’s site. He presumably clicked a button to indicate he was Wong and agreed to Konop’s terms and conditions. Konop filed suit alleging numerous claims arising out of Davis’ viewing and use of his website. He claimed Davis’ conduct violated the Wiretap Act. District court granted summary judgment to Hawaiian on the Wiretap Act claim. In addition to violation of the Wiretap Act, Konop also claimed that when
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458KonopvHawaiian2 - Konop v. Hawaiian Airlines, Inc....

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