Konop

Robert Konop (“Konop”) appeals: (1) the district court’s grant of summary judgment against Konop on his claim that Hawaiian Airlines, Inc. (“Hawaiian”) violated the Wiretap Act, 18 U.S.C. §§ 2510-2520 , and the Stored Communications Act, 18 U.S.C. §§ 2701-2710 , by viewing Konop’s secure website under false pretenses; (2) the district court’s grant of summary judgment against Konop on his claims that Hawaiian violated the Railway Labor Act, 45 U.S.C. § 152 , by gaining unauthorized access to and disclosing the contents of Konop’s website; and (3) the district court’s judgment, following a bench trial, entered against Konop on his claim that *1041 Hawaiian suspended him in retaliation for his website activities in violation of the Railway Labor Act.

We conclude that, with respect to Ko-nop’s claims under the Wiretap Act and the Stored Communications Act, and his statutory claims under the Railway Labor Act which were dismissed on summary judgment, Konop has raised a triable issue of fact. We reverse and remand with respect to those claims. As to Konop’s retaliation claim under the Railway Labor Act, which proceeded to trial, we affirm the district court’s judgment.

FACTS

Konop,…