The Eighth Circuit has ruled, in Anzaldua v. Northeast Ambulance and Fire Protection District, that copies of emails stored in a “draft” or “sent” folder are not in “electronic storage” and therefore are not protected under the Stored Communications Act (SCA), a part of the Electronic Communications Privacy Act (ECPA).  The plaintiff alleged that his ex-girlfriend and employer had accessed, without his permission, a copy of one email he drafted but did not send, and a copy of another that he had already sent.  The court held that the emails were not in “electronic storage” when they were accessed because they were not in “temporary, intermediate storage” incident to transmission and also were not being held for purposes of “backup protection.”  This decision adds to the confusion among courts over how to interpret the statute’s definition of electronic storage.