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For perspective, they found it doesn't violate the SCA, but it may still violate the Computer Fraud and Abuse Act.

Anyway, their reading of the law lends itself to a requirement to maintain (at least) two copies of a message (one the primary, and others the backups). If there is only one "copy" then it cannot be a backup.

So if I sync my emails to my phone than I have two copies and according to their logic the online one is a backup, right?

How do I know? I'm a techie. :-)

From a utilitarian perspective, most emails I don't need to keep around once I'm done reading them, so any copy is a backup (just in case I need it again, but not because I know I'll need it again). If I know I'll need it again, then the online copy is the instrument of record.

From a multiple copy standpoint, if I don't clear my browser cache, the online form is a backup, (one could "argue").

Agreed. More than likely, it is in violation to the Computer Fraud and Abuse Act.

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