Kirch v. Embarq Management Co.

HARTZ, Circuit Judge.

Plaintiffs Kathleen and Terry Kirch appeal the district court’s grant of summary judgment in favor of Defendants United Telephone Company of Eastern Kansas and Embarq Management Company (collectively “Embarq”) on the Kirches’ claim that Embarq intercepted their Internet communications in violation of the Electronic Communications Privacy Act of 1986 (ECPA), Pufr L. No. 99-508, 100 Stat. 1848. Embarq is an Internet service provider (ISP). The alleged interceptions occurred when Embarq authorized NebuAd, Inc., an online advertising company, to conduct a technology test for…