Judge Lucy Koh of the U.S. District Court for the Northern District of California has dismissed multiple claims in a consolidated class action against Yahoo! concerning its interception and disclosure of emails sent by non-Yahoo! email users to Yahoo! subscribers. The plaintiffs, all non-Yahoo! users, alleged that Yahoo!’s practices violated the federal Electronic Communications Privacy Act (ECPA), California’s Invasion of Privacy Law (CIPA), and the California Constitution. But Judge Koh dismissed a claim under the Wiretap Act portion of ECPA, finding that Yahoo!’s terms of service notified Yahoo! subscribers about its email-scanning practices, and that those subscribers had therefore consented to the practices. Since the Wiretap Act requires the consent of only one party to a communication to render the interception lawful, the Yahoo! subscribers’ consent sufficed. Notably, the same judge last year refused to dismiss similar claims against Google on the ground that Google’s policies did not provide adequate notice of its scanning practices to its subscribers. However, Judge Koh refused to dismiss claims that Yahoo! had violated the Stored Communications Act (SCA) portion of ECPA by disclosing email content to third parties and that it had violated the CIPA by scanning emails without the consent of all the parties to a communication. The case highlights the importance of having clear terms of service that adequately disclose how a company collects, uses, and discloses information about its online users.