Comment Re:Courts cannot fix faulty statutes (Score 1) 112
An obvious purpose for storing a message on an ISP's server after delivery is to provide a second copy of the message in the event that the user needs to download it again -- if, for example, the message is accidentally erased from the user's own computer. The ISP copy of the message functions as a "backup" for the user. Notably, nothing in the Act requires that the backup protection be for the benefit of the ISP rather than the user. Storage under these circumstances thus literally falls within the statutory definition.
Of course, in the present case, the user did not download email by POP3 or IMAP, but used the system purely as webmail.
To read his email the user has to download it with his webbrowser. If he wants to read his email again the browser will show the version kept in its local cahe. The copy kept by the webmail provider is clearly a back-up for the copy kept in the local cache of his webbrowser.